ARTIST SHOWCASE: A. 5:30 P.M. Artist Showcase Grover W. Taylor Council Chamber and Foyer: Work of Artist Timothy Robert Smith.

Transcription

1 Next: Ord. No Res. No CITY OF FONTANA AGENDA REGULAR CITY COUNCIL MEETING August 28, 2018 Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA :00 PM Information in shaded boxes also pertains to meetings directly following the Council Meeting. Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act, the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA is wheel chair accessible and a portable microphone is available. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA Traduccion en Espanol disponible a peticion. Favor de notificar al Departamento "City Clerk". Para mayor informacion, favor de marcar el numero ARTIST SHOWCASE: A. 5:30 P.M. Artist Showcase Grover W. Taylor Council Chamber and Foyer: Work of Artist Timothy Robert Smith. PUBLIC COMMUNICATION - CLOSED SESSION: This is an opportunity for citizens to speak to the City Council for up to 5 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council. A. Public Communications - Closed Session CLOSED SESSION: Page 1 of 288

2 A. 5:45 P.M. CLOSED SESSION CONFERENCE WITH LEGAL COUNCIL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION (d) (1) Case: Sandra Perez v. City of Fontana San Bernardino Superior Court, Case No: CIVDS CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION (d) (l) Case: CACERES, John Jr., et al v. City of Fontana San Bernardino Superior Court; Case No. CIVDS CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION (d) (1) Case: David Stanley v. City of Fontana San Bernardino Superior Court Case No. CIVDS PUBLIC EMPLOYEE DISCIPLINE DISMISSAL RELEASE CALL TO ORDERROLL CALL: A. 7:00 P.M. Call the Meeting to Order INVOCATIONPLEDGE OF ALLEGIANCE: InvocationPledge of Allegiance SPECIAL PRESENTATIONS: A. Artist Recognition Mayor Warren and City Council to recognize Timothy Robert Smith as the artist in the Artist Showcase (Community Services Coordinator Ana Casillas to present). B. Fontana Days Run Sponsors Mayor Warren and City Council to recognize Sponsors of the 2018 Annual Fontana Days Run (Community Services Coordinator Bianca Morales to present to Contributing Sponsors: Thompson Building Materials; Bel-Air Swap Meet; Manheim Southern California; Nestle Waters Fontana; and Foundation of Hope). C. Special Recognition of Empire Karate Team Mayor Warren and City Council to recognize the Empire Karate Team on their Championship ( Inland Empire Karate Team Coach Stan Money to present). D. Police Department June 2018 Employees of the Month Mayor Warren and City Council to recognize Sergeant Coughlin, Officer Amanda Losch, Officer Frank Losch, Training Specialist Lynndee Gomes, Personnel and Training Secretary Sabrina Vega, and Dispatchers Maricela Edmonds, Mary Jo Grinceri, Kasi Montano, and Kristin Powers as the Police Department's June 2018 Employees of the Month (Captain Escarpe to present). PUBLIC COMMUNICATIONS: Page 2 of 288

3 This is an opportunity for citizens to speak to the City Council for up to 5 minutes on items not on the Agenda, but within the City Council's jurisdiction. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. A. Public Communications CONSENT CALENDAR: All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion. Does any member of the public wish to address the City Council regarding any item on the Consent Calendar before the vote is taken? A. Approval of Minutes Approve the Minutes of the August 14, 2018 Regular City Council Meeting. B. Adoption of Ordinance No Second Reading Adopt Ordinance No. 1777, an ordinance of the City Council of the City of Fontana,amending in part Article III of Chapter 13 of the Fontana Municipal Code expanding its smoking prohibitions within the City to include all portions of City Parks and prohibiting electronic smoking devices in City s owned and operated locations. C. Accept Donations for the National Night Out Event Accept monetary and gift donations from multiple donors for the 2018 National Night Out Event with a total value of $3, D. Accept the 2018 Justice Assistance Grant (JAG) 1. Approve the Interlocal Agreement with the Town of Apple Valley, Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, City of San Bernardino, Upland, Victorville, and San Bernardino County concerning distribution of the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $59,411; 2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2018 Justice Assistance Grant and any other documents andor amendments required to comply with this grant award; 3. Approve the expenditure plan for use of the funds to help offset the cost of one police officer position within the Police Department. E. Approve Contract Amendment No. 1 with Red Arrow Kennels Approve Amendment No. 1 to Contract No. MS-296-PD-17 between the City of Page 3 of 288

4 Fontana and Red Arrow Kennels to also include Police K-9 boarding services and K-9 training facility services at the Red Arrow Kennel site. F. Approve a Development Impact Fees Credit Agreement for Parcel Map No Design Review No located at the Northwest corner of Jurupa Avenue and Live Oak Avenue Approve and authorize the City Manager to execute a Partial Satisfaction of Development Impact Fees Credit Agreement with IDIG Live Oak, LLC, for Parcel Map No Design Review No located at the northwest corner of Jurupa Avenue and Live Oak Avenue. G. Approve a Reimbursement Agreement for the Future South Fontana Sports Park Site Demolition Work Approve and authorize the City Manager to execute a Reimbursement Agreement with GLC FONTANA II LLC for the demolition and clearing activities for the future South Fontana Sports Park site associated with the Southwest Fontana Logistics Center Warehouse Project and Development Agreement No H. Approve Utility Agreements for the Foothill Boulevard from Oleander Avenue to 600' East of Cypress Avenue Street Improvement Project Approve and authorize the City Manager to execute any and all utility agreements and authorize payment of all invoices and deposits necessary for the relocation and installation of any and all public utilities work on behalf of the City of Fontana for the Foothill Boulevard from Oleander Avenue to 600' East of Cypress Avenue Street Improvement Project. I. Authorize a Contract with Corona Clay as a Single Source Vendor of "Angel Mix" Baseball and Softball Infield Soil Mix Authorize the City Manager to enter into a two (2) year contract with Corona Clay, with (3) three one year extensions at the sole discretion of the City. J. Award Bid for Energy Engineering Services, SP-30-PW-18 Approve and award bid with Opterra Energy Services and TRC Engineers Inc., to provide Energy Engineering Services (SP-30-PW-18) for a period of two (2) years, renewable for three one (1) year increments at the sole discretion of the City. K. Award a Construction Contract for the Traffic Signal Fiber Optic Interconnect Cable Installation Project along Baseline Avenue between Americana Way and Citrus Avenue 1. Approve and authorize the City Manager to execute a construction contract with International Line Builders for the construction of the Traffic Signal Fiber Optic Interconnect Cable Installation Project along Baseline Avenue between Americana Way and Citrus Avenue in the amount of $189, and authorize a 10% contingency in the amount of $18, (Bid No. SB-99-DE-18); 2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Traffic Signal Fiber Optic Interconnect Cable Installation Project along Baseline Avenue between Americana Way and Citrus Avenue. 3. Appropriate $50, from Local Measure I Fund 246 to the Traffic Signal Fiber Optic Installation Project along Baseline Avenue between Americana Way and Citrus Page 4 of 288

5 Avenue No L. Execute Annual Purchase Orders to Single Source Vendor Musco Lighting 1. Authorize Purchasing to execute annual purchase orders to single source vendor Musco Lighting. 2. Authorize the City Manager to enter into a two (2) year contract with Musco Lighting with three (3) one-year extensions at the sole discretion of the City for ballfield lighting. M. Exclusive Use Agreement with Fontana Unified School District Authorize the City Manager to enter into a five (5) year agreement with Fontana Unified School District (FUSD) for exclusive off-hours use of the sports fields at Fontana Middle School, Alder Middle School and Wayne Ruble Middle School. N. Final Acceptance of the Juniper Avenue at Ceres Avenue Traffic Signal Project Accept as complete the work performed by Alfaro Communications Construction, Inc. for the construction of the Juniper Avenue at Ceres Avenue Traffic Signal Project and approve the final construction amount of $282, (Bid No. SB-49-DE-17) Approve Consent Calendar Items as recommended by staff. PUBLIC HEARINGS: To speak on Public Hearing Items, fill out a card at the microphone stand indicating favor or opposition and give it to the City Clerk. Each person will be allowed 5 minutes to address the Council. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing. All Public Hearings will be conducted following this format: (a) hearing opened (e) oral - favor (b) written communication (f) oral - opposition (c) councilstaff comments (g) hearing closed (d) applicant comments (applicant not limited to 5 minutes) A. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Sonrise Senior Apartments Conduct a TEFRA hearing and adopt Resolution No approving the issuance of Revenue Bonds by the California Statewide Communities Development Authority (CSDA) in an amount not to exceed $13,000,000 for Loveland Church in conjunction with the Sonrise Senior Apartments B. Master Case No R1; Specific Plan Amendment No ; Tentative Tract Map No (TTM No ); and Design Review No A 6-Unit Single Family residential Subdivision Located within the Northgate Specific Plan on the Northeast Corner of Malaga Avenue and Lemon Street Page 5 of 288

6 1. Determine that the project is Categorically Exempt pursuant to Section No , (Class No. 32, In-Fill Project) of the California Environmental Quality Act; 2. Waive further reading of and introduce Ordinance No., an Ordinance approving Specific Plan Amendment No to revise the zoning boundary within the Northgate Specific Plan between the Low Density Residential zoning district and the Park zoning district. The adjustment will add approximately 1.2 adjusted gross acres to the Low Density Residential zoning district; and that the reading of the title constitutes the first reading thereof. 3. Adopt Resolution No , a Resolution approving Tentative Tract Map No (TTM No ) and approving Design Review Project No , a proposal to subdivide a parcel of approximately 1.2 adjusted gross acres into six (6) lots, site and architecture review to construct six (6) single-family homes ranging in size from 2,393 square feet to 2,506 square feet. ELECTED OFFICIALS COMMUNICATIONSREPORTS: A. Elected Officials CommunicationsReports CITY MANAGER COMMUNICATIONS: A. City Manager Communications ADJOURNMENT: A. To the next Regular City Council Meeting to be held on Tuesday, September 11, 2018, with a Workshop at 5:30 p.m. in the City Hall Executive Conference Room and the Regular Meeting at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 6 of 288

7 Regular City Council Meeting Minutes August 14, 2018 MINUTES OF THE CITY COUNCIL OF THE CITY OF FONTANA REGULAR CITY COUNCIL MEETING August 14, 2018 WORKSHOP: A. 5:30 P.M. WORKSHOP Mayor Pro Tem Roberts called the Workshop to order at 5:31 p.m., with Council Members Tahan, Sandoval and Armendarez present. Mayor Warren arrived at 5:34 p.m. Dr. Eric Bishop, Chaffey College Vice President Student Services, provided a presentation on Chaffey College Master Plan. Discussion ensued on future Chaffey College expansion projects in the City of Fontana. The City Council Regular Meeting Agenda was reviewed and City Manager comments were heard. The Workshop adjourned at 6:00 p.m. CALL TO ORDERROLL CALL: A. 7:00 P.M. Call the Meeting to Order The Regular Meeting of the Fontana City Council was held on Tuesday, August 14, 2018, in the Grover W. Taylor Council Chambers at 8353 Sierra Avenue, Fontana, California. Mayor Warren called the meeting to order at 7:01 p.m. ROLL CALL: Present: Mayor Warren, Mayor Pro Tem Roberts, Council Members Tahan, Sandoval and Armendarez. Absent: None. INNVOCATIONPLEDGE OF ALLEGIANCE: Following the Invocation by Mayor Pro Tem Roberts, the Pledge of A llegiance was led by Council Member Sandoval. SPECIAL PRESENTATIONS: A. PulsePoint 2 Steps to Save A Life CPR Presentation Page 1 of 7 Page 7 of 288

8 Fire Chief Jeff Birchfield presented PulsePoint, a two-steps to save a life Cardiopulmonary Resuscitation (CPR) technology application. PUBLIC COMMUNICATIONS: A. Public Communications Karen Coleman spoke on elections and Mayor Acquanetta Warren s contributions to other campaigns. Danny Marquez spoke on the upcoming National Day of Service and Remembrance on September 11th, and also provided an update on events and services through the Veterans Resource Center. Patty Espinoza spoke on her displeasure with Mayor Acquanetta Warren. Madeline Chero spoke on the homelessness problem in Fontana. directed Ms. Chero to speak to staff. Mayor Warren Darlene Scalf spoke on the Fontana Woman s Club being a historic landmark and is opposed to taxpayer money being used to convert the building into a restaurant. Lorena Corona spoke on her campaign for Mayor. Frances Hernandez spoke on the Boys and Girls Club of Fontana Play Ball Event scheduled for August 15, CONSENT CALENDAR: ACTION: Motion was made by Council Member Tahan, seconded by Mayor Pro Tem Roberts, and passed unanimously by a vote of 5-0 to approve Consent Calendar Items "A-O" (AYES: Warren, Roberts, Tahan, Sandoval and Armendarez: NOES: None; ABSTAIN: None ) as follows: A. Approval of Minutes Approve the Minutes of the July 24, 2018 Regular City Council Meeting. B. Accept Donation From OmniTrans Accept donation from OmniTrans in the amount of $ for use towards the 2018 Fontana Summer Concerts. C. Accept Donation From Fontana Recycling Center Accept donation from Fontana Recycling Center in the amount of $ for use towards the "Let's Move On The Trail 2018" event. D. Accept Stop The Bleed Project Items from the Riverside Urban Area Security Initiative Accept supplies and equipment with an estimated value of $3,752 from the Riverside Regular City Council Meeting Minutes August 14, 2018 Page 2 of 7 Page 8 of 288

9 Urban Area Security Initiative (UASI) as part of their Stop The Bleed project Homeland Security Grant # E. Approving and Adopting the 2017 Local Hazard Mitigation Plan 1. Find that the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), and direct staff to file the Notice of Exemption. 2. Adopt Resolution No approving and adopting the 2017 Local Hazard Mitigation Plan. F. Approve a Termination of Agreement related to the Southwest Fontana Logistics Center Warehouse project to be located South of Santa Ana Avenue and East of Oleander Avenue Approve and authorize the City Manager to execute a Termination of Agreement thereby terminating the Street Improvement Agreement dated February 28, 1985 related to the Southwest Fontana Logistics Center Warehouse property located at Santa Ana and Oleander Avenues G. Approve House of Ruth Operational Agreement 1. Approve and authorize the Chief of Police to execute the Operational Agreement and any amendments between House of Ruth, Inc. and the Fontana Police Department for the period of July 1, 2018 through June 30, 2021; 2. Approve and authorize the Chief of Police to continue said services as long as they remain in the best interest of the City of Fontana. H. Approve Use of GLC Fontana II LLC Properties for Police Training Approve and authorize the Chief of Police to execute a Memorandum of Understanding (MOU) and any amendments with GLC Fontana II LLC for use of their various properties on Santa Ana Avenue, Cypress Avenue and any additional properties that may become available by GLC Fontana II LLC or its parent company, the Goodman Group, in the future. I. Approve Loma Linda University Children s Hospital Memorandum of Understanding for Use of Children s Assessment Center 1. Approve and authorize the Chief of Police to execute a Memorandum of Understanding (MOU) between Loma Linda University Children s Hospital (LLUCH) and San Bernardino County Police Departments for Use of Children s Assessment Center; 2. Approve and authorize the Chief of Police to continue services with LLUCH as long as it remains in the best interest of the City of Fontana. J. Award a Construction Contract for the Citrus Avenue from Santa Ana Avenue to Slover Avenue Street Improvement Project 1. Approve and authorize the City Manager to execute a contract with All American Asphalt for the construction of the Citrus Avenue from Santa Ana Avenue to Slover Avenue Street Improvement Project in the amount of $502, and authorize a 10% Regular City Council Meeting Minutes August 14, 2018 Page 3 of 7 Page 9 of 288

10 contingency in the amount of $50, (Bid No. SB-98-DE-18). 2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Citrus Avenue from Santa Ana Avenue to Slover Avenue Street Improvement Project. K. Execute Annual Purchase Orders with Single Source 1. Authorize Purchasing to execute annual purchase orders for the following single source vendors: Miracle Playground Sales, Coast Recreation, Playpower Lt., Dave Bang Associates and Innovative Playground Inc. 2. Authorize the City Manager to enter into a two year contract with these vendors with three (3) one-year extensions at the sole discretion of the City for playground equipment. L. Final Acceptance of Miller Amphitheater Construction Project, SB-24-PW Accept as complete the work performed by R.C. Graves Construction for the construction of the Miller Amphitheater, SB-24-PW Authorize the Public Works Director to execute and file a Notice of Completion of construction. 3. Approve the final construction amount of $4,089, and recognize the release of the 5% retention. M. Replacement of Securities for Tract No located at the southeast corner of Citrus and Walnut Avenues Approve acceptance of replacement securities for Tract No located at the southeast corner of Citrus Avenue and Walnut Avenue and authorize the City Manager to enter into a Subdivision Agreement with RSI Communities-California LLC for the construction of required public infrastructure improvements. N. Settlement Agreement between the City of Fontana and Material Trade Solutions regarding the Use of Property Located at Slover Avenue (APN: ) Approve a Settlement Agreement between the City of Fontana and Material Trade Solutions, a California Corporation, regarding the use of the property located at Slover Avenue. O. Youth Sports Officiating Services Agreement 1. Approve a two-year agreement with the option to extend for three (3) additional oneyear periods at the City's sole discretion between P.M. Productions and the City of Fontana to provide game officials for Youth Sports programming. 2. Authorize the City Manager or his designee to sign the agreement, all related documents, and any amendments for the term of the agreement. (Attachment A) Regular City Council Meeting Minutes August 14, 2018 Page 4 of 7 Page 10 of 288

11 NEW BUSINESS: A. Proposed Smoking Ordinance Amending Article III of Chapter 13 of the Fontana Municipal Code Community Service Manager Michael Wright provided the staff report. A letter of support was received by staff. Bryan Meras spoke in favor of the ordinance. Joey Lapin spoke in favor of the ordinance. Donna Smith shared information on second hand smoke exposure. Corie Goldman highlighted the work done by the Smoke Busters and spoke in favor of the ordinance. ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Tahan, and passed unanimously by a vote of 5-0 to approve New Business Item "A" (AYES: Warren, Roberts, Tahan, Sandoval and Armendarez: NOES: None) as follows: Waive further reading of and introduce Ordinance No. 1777, an ordinance of the City Council of the City of Fontana, amending in part Article III of Chapter 13 of the Fontana Municipal Code expanding its smoking prohibitions within the City to include all portions of City Parks and prohibiting electronic smoking devices in City owned and operated locations and that the reading of the title constitutes the first reading thereof. ELECTED OFFICIALS COMMUNICATIONSREPORTS: A. Elected Officials CommunicationsReports Council Member Sandoval expressed appreciation to the Smoke Busters group and their efforts to adopt a smoking ordinance, and apologized that the process took so long. Council Member Sandoval congratulated his grandson Francisco on his first T-ball practice. Council Member Sandoval wished his son-in-law Willie and his sister Betty a happy birthday. Mayor Pro Tem Roberts asked for the community to keep Senior Code Compliance Inspector Bob Crosby in their prayers and invited everyone to attend a BBQ Fundraiser for Senior Code Compliance Inspector Crosby on Wednesday, August 15, Council Member Tahan requested the community s assistance in finding those responsible for the vandalism at Pacific Auto Sales. Council Member Tahan congratulated the community, Fire Department and Police Regular City Council Meeting Minutes August 14, 2018 Page 5 of 7 Page 11 of 288

12 Department for putting on a very successful National Night Out Event. Council Member Tahan spoke on the recent music festival at the speedway and stated he does not support that type of event. Council Member Armendarez congratulated the Smoke Busters for their efforts on the smoking ordinance. Council Member Armendarez spoke on parking issues and asked Mayor and Council for their support to look at the current parking ordinance. By consensus, staff was directed to look at the current parking ordinance. Mayor Warren spoke on the very successful National Night Out Event and thanked City staff, Fire and Police Departments. Mayor Warren thanked everyone involved in the recent Hope through Housing Fashion Show. Mayor Warren thanked the Police Department for their efforts in apprehending four individuals that were committing crimes in Fontana and other local communities. Mayor Warren spoke on the success of the Fontana Walks program and spoke about the event that will be held on Saturday, August 18, CITY MANAGER COMMUNICATIONS: A. Discussion Regarding the Possible Cancellation of the Tuesday, October 9, 2018, Regular City Council Meeting ACTION: Motion was made by Council Member Armendarez, seconded by Mayor Pro Tem Roberts, and passed unanimously by a vote of 5-0 to cancel the October 9, 2018, City Council Meeting. (AYES: Warren, Roberts, Tahan, Sandoval and Armendarez: NOES: None). B. City Manager Communications There were no City Manager communications received. ADJOURNMENT: The meeting adjourned at 8:12 p.m. to the next Regular City Council Meeting to be held on Tuesday, August 28, 2018, with a Workshop at 5:30 p.m. in the City Hall Executive Conference Room and the Regular Meeting at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Karen Porlas Deputy City Clerk Regular City Council Meeting Minutes August 14, 2018 Page 6 of 7 Page 12 of 288

13 THE FOREGOING MINUTES WERE APPROVED BY THE CITY COUNCIL ON THE 28TH DAY OF AUGUST, Tonia Lewis City Clerk Regular City Council Meeting Minutes August 14, 2018 Page 7 of 7 Page 13 of 288

14 ACTION REPORT August 28, 2018 FROM: Department of Community Services SUBJECT: Adoption of Ordinance No RECOMMENDATION: Second Reading Adopt Ordinance No. 1777, an ordinance of the City Council of the City of Fontana,amending in part Article III of Chapter 13 of the Fontana Municipal Code expanding its smoking prohibitions within the City to include all portions of City Parks and prohibiting electronic smoking devices in City s owned and operated locations. COUNCIL GOALS: * To operate in a businesslike manner by becoming more service oriented. * To increase citizen involvement by promoting healthy lifestyle opportunities to Fontana residents of all ages. * To preserve the local environment for generations to come and to create a healthy economic and environmental future by promoting an environment that encourages healthy eating, regular physical activity and responsible individual choices. DISCUSSION: Ordinance No was introduced by a vote of 5-0 at the August 14, 2018, Regular City Council Meeting. FISCAL IMPACT: None. MOTION: Approve staff recommendation. SUBMITTED BY: APPROVED BY: Page 14 of 288

15 ATTACHMENTS: Description: Ordinance 1777 Type: Ordinance ITEM: CC-B Page 15 of 288

16 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA AMENDING IN PART ARTICLE III OF CHAPTER 13 OF THE FONTANA MUNICIPAL CODE EXPANDING ITS SMOKING PROHIBITIONS WITHIN THE CITY TO INCLUDE ALL PORTIONS OF CITY PARKS AND PROHIBITING THE USE OF ELECTRONIC SMOKING DEVICES WITHIN CITY S PARKS WHEREAS, the City of Fontana, California (the City ) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in response to public comment received by the City Council during its March 27, 2018 City Council meeting that the City implement a prohibition on smoking within City parks, the City Council requested the City Parks & Community Services Commission assess those concerns; and WHEREAS, the City Parks & Community Services Commission took public comment and considered the issue of smoking within City parks at its April 26, 2018 meeting, and unanimously approved a recommendation to the City Council at that time to adopt an ordinance prohibiting all smoking within City parks, including electronic smoking devices within the City s prohibition; and WHEREAS, the California Indoor Clean Air Act of 1976 (Cal. Health & Safety Code , et seq.) provides the City with broad authority to ban completely the smoking of tobacco within its jurisdictional bounds, or otherwise regulate smoking in any manner not inconsistent with state law; and WHEREAS, parks owned by the City of Fontana are valued resources of the residents of the City and its visitors, and the City is committed to keeping those parks clean, safe, healthy and pleasant for all; and WHEREAS, the City Council now wishes to codify a prohibition on smoking within City-owned and operated parks to protect the health, safety and welfare of City residents and visitors and in the interest of enhancing the experience of all park patrons; and WHEREAS, electronic smoking devices, commonly referred to as e-cigarettes, e-cigars, e-cigarillos, e-pipes, or e-hookahs, are electronic devices often made to look like conventional tobacco products in shape, size, and color; and WHEREAS, electronic smoking devices are designed to be used in the same manner as conventional tobacco products with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products; and Page 1 of 5 Page 16 of 288

17 Ordinance No WHEREAS, a study published in the Journal of Environment and Public Health suggests that electronic smoking devices "may have the capacity to 're-normalize' tobacco use in a demographic that has had significant denormalization of tobacco use previously" 1 ; and WHEREAS, nicotine is a highly addictive neurotoxin and is included in the Prop 65 list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity 2. Nicotine is known to cause birth defects and is particularly dangerous for vulnerable populations including children, pregnant women and people with cardiovascular conditions; and WHEREAS, a study published in the American Journal of Public Health concluded that the electronic smoking devices tested demonstrated poor quality control, toxic contaminants, misrepresentation of the nicotine delivered and insufficient evidence of the overall public health benefit; 3 and WHEREAS, the use of electronic smoking devices in all City-owned and operated parks threatens to reverse the progress that has been made in establishing the social norm that smoking is not permissible in certain public places; and WHEREAS, prohibiting smoking and the use of electronic smoking devices in Cityowned and operated parks will protect its traditionally smoke-free character and will prevent people, including children, from involuntarily inhaling nicotine and potentially harmful chemicals that may exist in the secondhand vapor of electronic smoking devices; and WHEREAS, the City Council has determined that broadening the City s existing prohibitions on smoking to include a prohibition on smoking that includes the use of electronic smoking devices in City-owned and operated parks is necessary to protect the health, safety and welfare of City residents and visitors; and WHEREAS, the City Council now intends to amend Article III of Chapter 13 of the Fontana Municipal Code to include a prohibition on smoking, including the use of electronic smoking devices, in City-owned and operated parks, for purposes of restricting the harmful effects of smoking that is consistent with state law. THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS: 1 McMillen R, Maduka J and Winickoff J. Use of Emerging Tobacco Products in the United States. Journal of Environmental and Public Health, Volume State of California Environmental Protection Agency. Chemicals Known to the State to Cause Cancer or Reproductive Toxicity. May 25, Cobb NK, Byron J, Abrams DB, et al. "Novel Nicotine Delivery Systems and Public Health: The Rise of the 'E- Cigarette'" American Journal of Public Health, December Page 2 of 5 Page 17 of 288

18 Ordinance No Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. CEQA. The City Council determines that this code amendment is not subject to environmental review under the California Environmental Quality Act ( CEQA ) (Pub. Resources Code, et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., et seq.) section 15061(b)(3) and section Pursuant to State CEQA Guidelines section 15061(b)(3), CEQA only applies to projects with the potential for causing a significant effect on the environment, and here the proposed smoking ban will only result in environmental and public health improvements and benefits. Further, pursuant to State CEQA Guidelines section 15301, CEQA does not apply to minor alterations in existing facilities, and here, the proposed smoking ban applies to activities taking place within existing public parks. The City Council further finds that none of the exceptions to these exemptions, found in State CEQA Guidelines section apply. Section 3 The following definition of Electronic Smoking Devices is hereby added to Section of Article III of Chapter 13 of the Fontana Municipal Code to read in its entirety as follows: Sec Definitions. *** Electronic Smoking Devices means any device that generates gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic or battery operated smoking device that delivers vapors for inhalation, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Electronic Smoking Devices shall include smoking from every variation and type of electronic or battery operated smoking device that delivers vapors for inhalation whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. Section 4. Section of Article III of Chapter 13 of the Fontana Municipal Code is hereby amended to read in its entirety as follows: Sec Applicability of article to city-owned facilities and parks. All enclosed facilities owned by the city shall be subject to the provisions of this article. Smoking and the use of Electronic Smoking Devices is prohibited and unlawful within the boundaries of all City-owned and operated parks. Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk s office located at 8353 Sierra Avenue, Fontana, CA The custodian of these records is the City Clerk. Page 3 of 5 Page 18 of 288

19 Ordinance No Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The people of the City of Fontana hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 8. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana. APPROVED AND ADOPTED this 28 th day of August READ AND APPROVED AS TO LEGAL FORM: City Attorney I, Tonia Lewis, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 14th day of August 2018, and was finally passed and adopted not less than five (5) days thereafter on the 28th day of August 2018, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk of the City of Fontana Page 4 of 5 Page 19 of 288

20 Ordinance No Mayor of the City of Fontana ATTEST: City Clerk Page 5 of 5 Page 20 of 288

21 ACTION REPORT August 28, 2018 FROM: Department of Police Department SUBJECT: Accept Donations for the National Night Out Event RECOMMENDATION: Accept monetary and gift donations from multiple donors for the 2018 National Night Out Event with a total value of $3, COUNCIL GOALS: * To improve public safety by increasing operational efficiency, visibility and availability. * To increase citizen involvement by seeking community input. DISCUSSION: The Police Department hosted a very successful annual National Night Out Event on August 7, 2018 at Fontana Park. This year the Department received cash and gifts valued at $3, from local businesses in support of the event. Many of our community programs and events would not be possible without these donations. Please reference the attached spreadsheet for the complete list of all our generous donors who helped make this event so successful. FISCAL IMPACT: Check and cash donations for the event were deposited in the following general fund account: $ MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: Page 21 of 288

22 ATTACHMENTS: Description: Type: 2018 National Night Out Donor List Backup Material ITEM: CC-C Page 22 of 288

23 Page 23 of 288

24 ACTION REPORT August 28, 2018 FROM: Department of Police Department SUBJECT: Accept the 2018 Justice Assistance Grant (JAG) RECOMMENDATION: 1. Approve the Interlocal Agreement with the Town of Apple Valley, Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, City of San Bernardino, Upland, Victorville, and San Bernardino County concerning distribution of the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $59,411; 2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2018 Justice Assistance Grant and any other documents andor amendments required to comply with this grant award; 3. Approve the expenditure plan for use of the funds to help offset the cost of one police officer position within the Police Department. COUNCIL GOALS: * To improve public safety by increasing operational efficiency, visibility and availability. * To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments. DISCUSSION: The City of Fontana, as well as other cities in the County of San Bernardino, will be the recipients of JAG Funds for The County of San Bernardino serves as the grant administrator on behalf of all cities in the County. As a result, an Interlocal Agreement must be signed by all cities and the County. Each City will sign a separate Agreement as the timeline set by the Federal government to receive these funds will not permit one Agreement to be circulated and signed by every city in the county. As indicated in Appendix 1 of the Interlocal Agreement, the City of Fontana is eligible to receive $59,411. As the grant administrator, the County will retain a 5% administration fee in the amount of $2,971, the City will receive $56,440 in grant funds. The 2018 JAG funds will be used to help offset a portion of the salary of one Fontana Police Officer. An expenditure plan will be filed with the County indicating the use of the funds for personnel in accordance with grant guidelines. Page 24 of 288

25 FISCAL IMPACT: Based on the award received in prior years, staff estimated revenues for in the amount of $50,000. The grant allocation for the fiscal year is greater than anticipated. Budget adjustments will be submitted with 1st Quarter to increase revenues in Budget Unit in the amount of $6,440 and to reduce the Operating Transfer In by $6,440. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: ATTACHMENTS: Description: Type: 2018 JAG Interlocal Agreement Backup Material ITEM: CC-D Page 25 of 288

26 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF APPLE VALLEY, THE CITIES OF ADELANTO, BARSTOW, CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND, VICTORVILLE, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2018 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this 21 st day of August, 2018, by and between THE COUNTY OF SAN BERNARDINO, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as COUNTY ), and the aforementioned TOWN (hereinafter referred to as TOWN ) and named CITIES (hereinafter referred to as CITIES ), acting by and through their respective governing bodies, the Town Council and City Councils, all of whom are situated within the County of San Bernardino, State of California, as follows: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWN and CITIES under this agreement for administrative fees toward the administration of TOWN s and CITIES programs during the entire permissible duration of said programs; and TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with JAG guidelines; and TOWN and CITIES each agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected on Appendix 1 for administrative fees toward the administration of this program; and additionally the TOWN and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines, and that the interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines; and WHEREAS, the TOWN, CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds, NOW THEREFORE, the COUNTY and TOWN and CITIES agree as follows: Section 1. COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, and; COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWN and CITIES under this agreement for administrative fees toward the administration of the TOWN s and CITIES programs during the entire permissible duration of said programs. MOU Justice Assistance Grant Page 1 Page 26 of 288

27 Section 2. TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with the JAG guidelines; and TOWN and CITIES agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected in Appendix 1, for administrative fees toward the administration of this program, and; TOWN and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines and that all interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines. Section 3. TOWN and CITIES agree to enter into a sub-award grant agreement with the COUNTY in order to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions for each sub-award, before receiving grant funds. Section 4. TOWN and CITIES agree to provide COUNTY with sufficient timely information as necessary within five business days after receiving written request from COUNTY to meet JAG requirements for quarterly and annual financial and performance reports. Section 5. Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law. Section 6. Nothing arising from this Agreement shall impose any liability for claims or actions against TOWN andor CITIES other than what is authorized by law. Section 7. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arising from the services provided under this Agreement. Section 8. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 9. By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. MOU Justice Assistance Grant Page 2 Page 27 of 288

28 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. TOWN OF APPLE VALLEY, CA Town Manager ATTEST: Town Clerk APPROVED AS TO FORM: COUNTY OF SAN BERNARDINO, CA Robert A. Lovingood Chair, County Board of Supervisors ATTEST: Clerk of the Board of Supervisors Town Attorney APPROVED AS TO FORM: *Michelle Blakemore County Counsel by: Phebe W. Chu, Deputy *By law, the County Counsel s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our clients. Our approval of this document was offered solely for the benefit of our clients. Other parties should not rely on this approval and should seek review and approval by their own respective attorneys. MOU Justice Assistance Grant Page 3 Page 28 of 288

29 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF ADELANTO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 4 Page 29 of 288

30 CITY OF BARSTOW, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 5 Page 30 of 288

31 CITY OF CHINO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 6 Page 31 of 288

32 CITY OF COLTON, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 7 Page 32 of 288

33 CITY OF FONTANA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 8 Page 33 of 288

34 CITY OF HESPERIA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 9 Page 34 of 288

35 CITY OF HIGHLAND, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 10 Page 35 of 288

36 CITY OF MONTCLAIR, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 11 Page 36 of 288

37 CITY OF ONTARIO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 12 Page 37 of 288

38 CITY OF RANCHO CUCAMONGA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 13 Page 38 of 288

39 CITY OF REDLANDS, CA Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 14 Page 39 of 288

40 CITY OF RIALTO, CA City Administrator ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 15 Page 40 of 288

41 CITY OF SAN BERNARDINO, CA Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 16 Page 41 of 288

42 CITY OF UPLAND, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 17 Page 42 of 288

43 CITY OF VICTORVILLE, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MOU Justice Assistance Grant Page 18 Page 43 of 288

44 2018 Justice Assistance Grant APPENDIX 1 Jurisdiction Allocation 5% Admin Fee Award San Bernardino County $ 70,177 $ (3,509) $ 66,668 Adelanto $ 16,871 $ (844) $ 16,027 Apple Valley $ 18,940 $ (947) $ 17,993 Barstow $ 21,457 $ (1,073) $ 20,384 Chino $ 15,301 $ (765) $ 14,536 Colton $ 13,333 $ (667) $ 12,666 Fontana $ 59,411 $ (2,971) $ 56,440 Hesperia $ 23,226 $ (1,161) $ 22,065 Highland $ 17,370 $ (869) $ 16,501 Montclair $ 15,974 $ (799) $ 15,175 Ontario $ 39,375 $ (1,969) $ 37,406 Rancho Cucamonga $ 20,261 $ (1,013) $ 19,248 Redlands $ 14,554 $ (728) $ 13,826 Rialto $ 29,955 $ (1,498) $ 28,457 San Bernardino $ 191,964 $ (9,598) $ 182,366 Upland $ 16,074 $ (804) $ 15,270 Victorville $ 54,003 $ (2,700) $ 51,303 Total $ 638,246 $ (31,915) $ 606,331 MOU Justice Assistance Grant Page 19 Page 44 of 288

45 ACTION REPORT August 28, 2018 FROM: Department of Police Department SUBJECT: Approve Contract Amendment No. 1 with Red Arrow Kennels RECOMMENDATION: Approve Amendment No. 1 to Contract No. MS-296-PD-17 between the City of Fontana and Red Arrow Kennels to also include Police K-9 boarding services and K-9 training facility services at the Red Arrow Kennel site. COUNCIL GOALS: * To improve public safety by increasing operational efficiency, visibility and availability. DISCUSSION: The City of Fontana Police Department currently shelters micro-chipped stray animals at the Red Arrow Kennels on a temporary basis until they can be released back to their owners. This has proved to be effective by reducing costs and staff time impounding straylost animals at the County of Riverside Animal Shelter and it reunites pets with their owners in a more timely manner. These recurring services were approved with the 2016 first quarter adjustments. The Police Department currently boards their police canines (K-9 s) at the site for a very nominal fee per day and officers have access 247, 365 days a year. The animals are well cared for during those times when the officers go out of town and cannot take their K-9 s with them. The site also hosts a fully equipped K-9 training facility that was built and funded by the K9 Pals, a Fontana non-profit organization, which the Police Department is also allowed to utilize 247, 365 days a year. At this time the Police Department would like to formally amend the existing contract with Red Arrow Kennels to include the K-9 boarding services in order to continually retain six (6) K-9 kennels to be used on an as-needed basis. The amendment also includes use of the property for K-9 training services (at a cost of $1.00 per year). The amendment is simply formalizing the current usage and defining the responsibilities of both parties. FISCAL IMPACT: Funding for the stray animal sheltering and K-9 boarding services are included in the current Fiscal Year budget in General Fund #101, budget units and MOTION: Approve staff recommendation. Page 45 of 288

46 SUBMITTED BY: REVIEWED BY: APPROVED BY: ATTACHMENTS: Description: Red Arrow Contract Amendment No. 1 Type: Backup Material ITEM: CC-E Page 46 of 288

47 Page 47 of 288

48 Page 48 of 288

49 Page 49 of 288

50 Page 50 of 288

51 Page 51 of 288

52 ACTION REPORT August 28, 2018 FROM: Department of Engineering SUBJECT: Approve a Development Impact Fees Credit Agreement for Parcel Map No Design Review No located at the Northwest corner of Jurupa Avenue and Live Oak Avenue RECOMMENDATION: Approve and authorize the City Manager to execute a Partial Satisfaction of Development Impact Fees Credit Agreement with IDIG Live Oak, LLC, for Parcel Map No Design Review No located at the northwest corner of Jurupa Avenue and Live Oak Avenue. COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community. DISCUSSION: On November 7, 2017 the Fontana Planning Commission approved Tentative Parcel Map No (TPM No ), Design Review No for the site and architectural review of a proposed 154,997 square foot Logistics Distribution Facility located on the northwest corner of Jurupa Avenue and Live Oak Avenue. IDIG Live Oak, LLC, is the developer of the project. Chapter 21, Article VI - Construction andor Dedication In-Lieu of Development Impact Fees (Section through ) of the Fontana Municipal Code establishes a policy allowing in-lieu fee credit agreements between the City and developers. This provides an alternative method for satisfying a developer's obligation to mitigate impacts from the development other than through payment of development impact fees. This Partial Satisfaction of Development Impact Fees Credit Agreement will provide fee credits toward the applicant's development impact fee obligations for the construction of Jurupa Avenue improvements and Live Oak Avenue improvements. Subject Development Fee Obligation Construction In-Lieu Amount Net Development Fee Obligation *Circulation $138, $0 $138, (Interchange) *Circulation $133, $142, $0 Page 52 of 288

53 (Arterial) Storm Drain $161, $463, $0 Sewer $8, $89, $0 Total $441, $695, $138, *The Circulation fee is comprised of an Arterial component and an Interchange component. Only the Arterial component is eligible for fee credit. The Arterial component is 49% of the Circulation fee. FISCAL IMPACT: Although the approval of the Partial Satisfaction of Development Impact Fees Credit Agreement results in a reduction of the developer's Circulation fees for the project, the developer will be constructing improvements valued at $695, which exceeds the fee obligation of $441, Developer is still obligated to pay the Circulation (Interchange) fee of $138, MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: ATTACHMENTS: Description: Agreement Type: Agreement ITEM: CC-F Page 53 of 288

54 PARCEL MAP DR NO PARTIAL SATISFACTION OF DEVELOPMENT IMPACT FEES CREDIT AGREEMENT between THE CITY OF FONTANA a California municipal corporation and IDIG LIVE OAK, LLC, a Delaware limited liability company \ Page 54 of 288

55 PARTIAL SATISFACTION OF DEVELOPMENT IMPACT FEES CREDIT AGREEMENT 1. PARTIES AND DATE This Partial Satisfaction of Development Impact Fees Credit Agreement ( Agreement ) is made this 28 day of August, 2018, for reference purposes only, between: (i) The City of Fontana ( City ), a California municipal corporation and (ii) IDIG LIVE OAK, LLC, a Delaware limited liability company ( Developer ). The term Developer includes Developer and its successors to all or any portion of the Property. This Agreement will not become effective until the date ( Effective Date ) on which all of the following are true: (i) (ii) (iii) This Agreement has been approved and executed by the appropriate authorities of the Developer, as defined in this Section 1, and this Agreement has been delivered to the City; Following all legally required notices and hearings, this Agreement has been approved by the City s City Council; and This Agreement has been executed by the appropriate authorities of the City and delivered to Developer. 2. RECITALS 2.1 Developer owns certain real property located in the City of Fontana, San Bernardino County, State of California, and shall be referred to herein as the Property. The Property is more particularly shown in Exhibit A attached hereto and incorporated by reference herein, and consists of approximately gross acres and 6.9 net acres. 2.2 The Developer is developing an approximately 154,997 square foot warehouse building on the property more particularly described as PARCEL MAP DR NO ( Project ). 2.3 The City has imposed certain conditions of approval on the Project in connection with the City s issuance of a building permit for the Project, which conditions, among other things, require the payment of certain Circulation Storm Drain and Sewer development impact fees ( Subject Development Fees ) as follows: Subject Development Construction In-Lieu Net Development Fee Fee Obligation Amount Obligation Circulation (Interchange) $138, $0.00 $138, Circulation (Arterial $133, $142, $0.00 Storm Drain $161, $463, $0.00 Sewer $8, $89, $0.00 Total $441, $695, $138, \ Page 55 of 288

56 Such fees are set based upon the City s determination as to the square footage of the warehouse and the acreage of the land attributable to the Project as more particularly set forth in Exhibit B attached hereto and incorporated by reference herein. 2.4 In satisfaction of the Subject Arterial Development Fee Obligation as identified in Recital 2.3 above, Developer shall, at its sole cost, expense and liability, construct and dedicate to the City certain public improvements as more particularly set forth in this Agreement. 3. TERMS 3.1 Payment of Subject Development Fees Payment of Subject Development Fees. Developer would, in the absence of this Agreement, be obligated to pay the Subject Development Fees described in Recital 2.3 in accordance with the City s normal fee payment schedule, as a condition to the issuance of a building permit for the Project. Such amount would total Four hundred forty one thousand seven hundred fifty eight dollars and ($441,758.86) ( Subject Development Fee Obligation ). However, Developer shall construct and dedicate the Subject Improvements as set forth in Section 3.2 below, at a cost to Developer of approximately Six hundred ninety five thousand one hundred four dollars and ($695,104.90). Therefore, upon payment of the residual Development Fee Obligation of One hundred thirty eight thousand six hundred ninety dollars and ($138,690.54), and the Developer s dedication to City and City s acceptance of the Subject Improvements, as defined and set forth in Section 3.2.1, below, Developer shall have satisfied its Development Fee Obligation. Developer shall thereafter be entitled to no further payment, reimbursement or refund arising out of or related to the Subject Development Impact Fee Obligation Partial Satisfaction of Subject Development Fees. The Subject Arterial Circulation Development Fee Obligation shall be satisfied for the Project in consideration of Developer s construction and dedication, and the City s acceptance, of those Subject Improvements, as defined and set forth in Section 3.2.1, below, in accordance with this Agreement. 3.2 Construction and Dedication of Subject Improvements Construction and Dedication of Subject Improvements. In satisfaction of the Subject Development Fees for the Project as set forth in Recital 2.3, Developer shall, at its sole cost, expense and liability, develop and dedicate to the City those certain public Circulation, Storm Drain and Sanitary Sewer improvements ( Subject Improvements ) described in Exhibit C attached hereto and incorporated by reference herein. Developer shall develop the Subject Improvements in accordance with plans and specifications to be approved by the City, in accordance with then-current City public works standards and policies. The Subject Improvements shall be dedicated to the City as provided in Section Developer hereby warrants and guarantees all Subject Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ( Warranty ). During the Warranty, \ Page 56 of 288

57 Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Subject Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Subject Improvements that have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City s acceptance of the repaired, replaced, or reconstructed Subject Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Subject Improvement following expiration of the Warranty or any extension thereof. Developer s warranty obligation under this section shall survive the expiration or termination of this Agreement Subdivision Improvement Agreements. Developer and City have heretofore entered into one or more subdivision improvement agreements for the Project, pursuant to Government Code Section ( Improvement Agreement ). All work required to be completed by Developer under this Agreement shall be subject to the provisions of the Improvement Agreement, including, without limitation, the security, insurance, and indemnification provisions thereof Meaning of Dedicate. The term dedicate, as used in this Agreement, means to acquire all necessary land or rights-of-way and to construct thereon the Subject Improvements required by this Agreement, and thereafter to offer to convey such landrights-of-way and improvements to the City at no cost to the City. Developer shall offer the landrights-of-way and Subject Improvements at the time required by the City Engineer in the exercise of his or her reasonable discretion. The satisfaction of Developer s obligations with respect to the dedication of the Subject Improvements described in this Section 3.2 shall be contingent upon the City Council s acceptance of said improvements, which acceptance shall occur in a manner consistent with the City s standard policies and standards for the acceptance of dedicated improvements. 3.3 Not a Statutory Development Agreement. This Agreement is not a statutory development agreement as described by Government Code section 65864, et seq. This Agreement confers no vested entitlements with respect to the development of the Project. This Agreement does not limit, in any way whatsoever, any authority the City may have to lawfully increase Impact Fees, change land use regulations, or otherwise lawfully exercise all powers available to the City pursuant to its police power, statutes, and judicial decision. Likewise, nothing in this Agreement shall limit, in any way, any right or remedy Developer may have to protest or challenge any unlawful increase in the Impact Fees. Except where subject to partial or total satisfaction as provided in this Agreement, Developer shall pay all Impact Fees, as they may be adjusted by the City during construction of the Project. Without limiting the generality of the foregoing paragraph, if the City at any time increases its Impact Fees, and such increases can otherwise be lawfully imposed against the Project, then Developer (or its successors, as applicable) shall pay the increased Impact Fees for only those portions of the Project (units or acreage, as applicable) for which the prior, lower Impact Fees have not yet been paid in full at the time provided for in this Agreement. If the City increases any Subject Development Fee, and such increase results in the value (as established by the applicable fee program) of the Subject Improvements being less than Developer s increased Subject \ Page 57 of 288

58 Development Fees for only those portions of the Project for which the prior, lower Impact Fees have not yet been paid in full, then Developer shall pay the amount of the difference between the Subject Improvement s value and the increased amount of the Subject Development Fees. 3.4 City s Remedies Upon Default. Subject to Section 3.2, if the Developer fails to complete and offer for dedication a particular public improvement described in Section 3.2 in the manner required by this Agreement then the City may, upon fifteen (15) days prior written notice to the Developer, exercise any one or more of the following remedies, independently or conjunctively: (i) (ii) (iii) The City may terminate this Agreement in its entirety and shall have no obligation to reduce the Developer the Subject Fee Obligation as set forth in Section 3.1; provided, however, that the City shall either (1) reimburse the Developer for the Developer s actual third-party costs (without interest) incurred with respect to any public improvements satisfactorily completed and dedicated to the City prior to termination, or (2) reimburse the Developer s Impact Fee obligation in a particular category in an amount equal to the Developer s actual third-party costs (without interest) incurred with respect to the public improvements related to that category that are satisfactorily completed and dedicated to the City prior to termination; provided, however, that the maximum amount of the reimbursement paid or credit given pursuant to (1) or (2) above shall not exceed the cost for the public improvements satisfactorily completed and dedicated prior to termination as set forth in the applicable fee program or study upon which the applicable Impact Fee is based; or The City may terminate this Agreement in its entirety and shall have no obligation to credit to Developer the Subject Impact Fee reduction as set forth in Section 3.1; provided, however, that the City shall either (1) reimburse the Developer for the value ( Incomplete Value ), as determined in the City Engineer s reasonable discretion, of any public improvements that are not satisfactorily completed and dedicated to the City prior to termination; or The City may exercise any other right or remedy available to it at law or in equity. 3.5 No Waiver. Developer s or the City s failure to insist on performance of any of the terms or conditions of this Agreement or to exercise any right, remedy or privilege, or Developer s or the City s waiver of any breach hereunder, shall not thereafter be deemed a subsequent waiver of any other terms, conditions, or rights, remedies or privileges, whether of the same or similar type. No party will be deemed to have waived any rights under this Agreement unless the waiver is made in writing and signed by the waiving party s duly authorized representative. All rights and remedies provided for under this Agreement are cumulative \ Page 58 of 288

59 3.6 Cooperation. The parties agree to cooperate with each other in furthering the purposes of this Agreement. The parties hereby agree to take such other actions and execute such other reasonable documents as are consistent with this Agreement and as are reasonably necessary to effectuate this Agreement; provided, however, that the foregoing shall not require the City to take any legislative act or exercise its discretion in any particular manner. 3.7 Entire Agreement. This Agreement contains the final and complete agreement between the parties with respect to the matters herein discussed and supersedes all previous communications and agreements between them, either oral or written, to the extent such prior communications and agreements are inconsistent with this Agreement. other. 3.8 No Agency. Each party acknowledges that it is not the agent or fiduciary of the 3.9 No Assignment. This Agreement, including, without limitation, the parties obligations under Section 3.2, is not assignable, in whole or in part, by Developer, without the prior written consent of the City, and any attempt to make such assignment shall be void and shall constitute an incurable material default under this Agreement Attorneys Fees. In the event that any action or proceeding is commenced regarding any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party s costs of suit and reasonable attorneys fees. The prevailing party shall be as determined by the court in accordance with Code of Civil Procedure section The attorneys costs and expert fees recoverable pursuant to this Section 3.10 include, without limitation, attorneys costs and expert fees incurred on appeal and those incurred in enforcing any judgment rendered. Attorneys costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action Notices. All notices, demands or other communications (collectively, Notices ) required or allowed by this Agreement shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three (3) business days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of delivery by facsimile transmission to the recipient named below. All Notices shall be addressed as follows: If to the City: With copies to: City Manager City of Fontana 8353 Sierra Avenue Fontana, CA Best Best & Krieger LLP 2855 E. Guasti Rd., Suite 400 Ontario, CA Attn: Jeff Ballinger, Esq \ Page 59 of 288

60 If to Developer: IDIG Live Oak, LLC 1100 Peachtree Street Suite 1000 Atlanta, Georgia Attn: General Counsel With copies to: IDIG Live Oak, LLC 601 South Figueroa Street, Suite 2200 Los Angeles, California Attn: Senior Vice President Any party may, by notice given at any time, require subsequent Notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of Notice of change shall not be invalidated by the change Governing Law. This Agreement and its provisions shall in all respects be interpreted, construed, enforced and governed by and under the laws of the State of California, without regard to its conflict of laws principles Consent to Jurisdiction, Venue and Service. Any action or proceeding brought respecting this Agreement shall be instituted and maintained in the appropriate court in the County of San Bernardino, California. Developer hereby forgoes and waives any provision of State or Federal law or judicial decision providing for a change of venue from such court on the grounds that the City is or may be a party to any such action or proceeding, including, without limitation, California Code of Civil Procedure section 394. Each party hereby irrevocably consents to the personal jurisdiction of the court. Service of process may be made in any manner provided by law Modification. This Agreement may be modified only by another written instrument duly authorized and executed by the parties. The foregoing notwithstanding, the City Manager is hereby authorized to make such minor amendments to this Agreement on behalf of the City as the City Manager may deem prudent and necessary in its administration, with the concurrence of the City Attorney Severability. The provisions of this Agreement are specifically made severable. If any clause, provision, rights andor remedy provided for herein is unlawful or unenforceable, the remainder of this Agreement shall remain in effect and be enforced as if such clause, provision, right andor remedy were not contained herein Rules of Construction. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against, either the City or Developer. Section headings in this Agreement are for convenience only and are not to be considered as a part of this Agreement or in any way limiting or amplifying the provisions hereof \ Page 60 of 288

61 All provisions and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identification of the person or persons, firm or firms, corporation or corporations may require. This Agreement is the product of mutual negotiation and drafting efforts. Accordingly, the judicial rule of construction that ambiguities in a document are to be construed against the drafter of that document shall have no application to the interpretation or enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not directly in conflict with the express terms hereof to ascertain and give effect to the intent of the parties to this Agreement ExecutionCounterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all such counterparts together shall constitute the entire agreement of the parties hereto Authorization. Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named parties. [Signatures on Following Pages] \ Page 61 of 288

62 SIGNATURE PAGE TO PARTIAL SATISFACTION OF DEVELOPMENT IMPACT FEES CREDIT AGREEMENT CITY OF FONTANA DEVELOPER: By: Kenneth R. Hunt City Manager IDIG LIVE OAK, LLC Attest: By: Tonia Lewis, City Clerk Approved as to form: By: Charles A. McPhee Senior Vice President Best Best & Krieger LLP City Attorney By: Debbie M. Brazill, Deputy City Manager Development Services Organization By: Ricardo Sandoval Director of EngineeringCity Engineer IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIESPROCEDURES By: Annette Henckel, Director of Human Resources and Risk Management IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIESPROCEDURES Lisa Strong Management Services Director Purchasing \ Page 62 of 288

63 EXHIBIT A TO PARTIAL SATISFACTION OF DEVELOPMENT IMPACT FEES CREDIT AGREEMENT Depiction of Property \ Exhibit A Page 63 of 288

64 EXHIBIT "A" SITE EXHIBIT 154,997 SF IDIG LIVE OAK, LLC SITE - EXHIBIT "A" FOR LIVE OAK BUSINESS CENTER PARCEL MAP CITY OF FONTANA Page 64 of 288

65 EXHIBIT B TO PARTIAL SATISFACTION OF DEVELOPMENT IMPACT FEES CREDIT AGREEMENT Subject Development Fees \ Exhibit B Page 65 of 288

66 DEVELOPMENT IMPACT FEE CREDIT AGREEMENT LIVE OAK BUSINESS CENTER PARCEL MAP EXHIBIT "B" SHEET 1 OF 3 I. TRAFFICCIRCULATION FEE CIRCULATION ELEMENT IMPACT FEE QUANT. UNIT FEE TOTAL Industrial (50% Reduction Applied) 154,997 UNIT $ $271, Interchange (51%) $138, Arterial (49%) $133, Total Construction Credit $142, CONSTRUCTION COST IN EXCESS OF FEES $9,085 TOTAL OBLIGATION - REMAINING FEES DUE $138, PROGRAM CIRCULATION CONSTRUCTION CREDIT QUANT. UNIT COST TOTAL MOBILIZATION 1 L.S. $ 15, $15, " CURB & GUTTER 188 L.F. $ $3, " MEDIAN 60 L.F. $ $1, " SIDEWALK 2100 S.F. $ 5.00 $10, ACCESS RAMP 1 EA $ 2, $2, PREPARATION OF SUBGRADE S.F. $ 0.50 $6, *A.C. 596 TON $ $53, *A.C. OVERLAY (1" MIN. THICKNESS) 2120 S.F. $ 0.80 $1, *REMOVAL OF A.C. PAVEMENT S.F. $ 0.66 $7, *REMOVAL OF A.C. BERM 126 L.F. $ 5.00 $ SAWCUT 766 L.F. $ 3.50 $2, PAINT TRAFFIC STRIPE ( 1 COAT) 1170 L.F. $ 2.40 $2, PEDESTRIAN CROSSWALK STRIPING 770 L.F. $ 0.65 $ PAVEMENT MARKER (REFLECTIVE) 3 EA $ 4.00 $12.00 STREET SIGNS 1 EA $ $ TRAFFIC SIGNAL SLEEVE (& TRENCH REPAIR) 192 LF $ $7, PAVEMENT LETTER MARKERS 4 EA $ $2, Subtotal $118, CONSTRUCTION CONTINGENCY (10%) $11, CONSTRUCTION SOFT COST (10%) $11, TOTAL CIRCULATION CONSTRUCTION CREDIT $142, Page 66 of 288

67 DEVELOPMENT IMPACT FEE CREDIT AGREEMENT LIVE OAK BUSINESS CENTER PARCEL MAP EXHIBIT "B" SHEET 2 OF 3 I. STORM DRAINAGE FACILITIES FEE STORM DRAINAGE DECLEZ NORTH FEE QUANT. UNIT FEE TOTAL Industrial Net AC $ 23, $161, Subtotal $161, Total Construction Credit $463, CONSTRUCTION COST IN EXCESS OF FEES $302, REMAINING FEES DUE $0 STORM DRAINAGE PROGRAM CONSTRUCTION CREDITS QUANT. UNIT COST TOTAL MASTER PLAN DRAIN SYSTEM * 18" RCP 80 L.F. $ $7, * 24" RCP 174 L.F. $ $19, * 30" RCP 39 L.F. $ $7, * 33" RCP 225 L.F. $ $45, * 48" RCP 696 L.F. $ $180, * 6'X2' RCB 89 L.F. $ $53, CATCH BASIN W=7' 1 EA $ 4, $4, CATCH BASIN W=21' 2 EA $ 11, $22, CATCH BASIN W=28' 1 EA $ 14, $14, JUNCTION STRUCTURE 2 EA $ 3, $6, MANHOLES 4 EA $ 2, $10, LOCAL DEPRESSION 4 EA $ 1, $5, CONCRETE COLLAR 2 EA $ 1, $2, BRICK & MORTAR PLUG 1 EA $ 1, $1, CONCRETE BLANKET 5 EA $ 1, $5, INLET CMP STRUCTURE 1 EA $ 2, $2, Subtotal $386, CONSTRUCTION CONTINGENCY (10%) $38, CONSTRUCTION SOFT COST (10%) $38, SD CONSTRUCTION CREDITS $463, Page 67 of 288

68 DEVELOPMENT IMPACT FEE CREDIT AGREEMENT LIVE OAK BUSINESS CENTER PARCEL MAP EXHIBIT "B" SHEET 3 OF 3 I. SEWER CONNECTION IMPACT FEE SEWER CONNECTION CHARGES QUANT. UNIT FEE TOTAL Industrial * EDU'S $ $8, Subtotal $8, ** Total Construction Credit $89, CONSTRUCTION COST IN EXCESS OF FEES $80, REMAINING FEES DUE $0 SEWER CONNECTION Program CONSTRUCTION CREDITS QUANT. UNIT Cost TOTAL MASTER PLAN SEWER SYSTEM MANHOLES 48" DIAMETER 4 EA $ 4, $16, WYES 1 EA $ $ CLEANOUTS 1 EA $ $ REMODELING EX. MANHOLE 1 EA $ $ ** 6" VCP 27 EA $ $1, ** 8" VCP 791 L.F. $ $55, Subtotal $74, CONSTRUCTION CONTINGENCY (10%) $7, CONSTRUCTION SOFT COST (10%) $7, TOTAL CONSTRUCTION CREDIT $89, * TOTAL EDU'S FOR EACH PROPOSED BUILDING HAVE BEEN ESTIMATED AT TIME OF AGREEMENT PROCESSING. ACTUAL EDU'S WILL BE CALCULATED AT THE BUILDING PLAN CHECK. ** SEWER FEE CREDIT SHALL NOT EXCEED TOTAL MASTER CONNECTION FEE FOR EACH BUILDING. Page 68 of 288

69 DEVELOPMENT IMPACT FEE CREDIT AGREEMENT SUMMARY LIVE OAK BUSINESS CENTER PARCEL MAP CONSTRUCTION Subject Development Fee Obligation Construction In-Lieu Amount Net Development Fee Obligation Circulation (Interchange) $138, $0.00 $138, Circulation (Arterial) $133, $142, $0.00 Storm Drain $161, $463, $0.00 Sewer $8, $89, $0.00 Total $441, $695, $138, Page 69 of 288

70 EXHIBIT C TO PARTIAL SATISFACTION OF DEVELOPMENT IMPACT FEES CREDIT AGREEMENT Subject Improvements \ Exhibit C Page 70 of 288

71 EXHIBIT "C" CIRCULATION EXHIBIT SHEET 1 OF 4 IDIG LIVE OAK, LLC CIRCULATION EXHIBIT FOR LIVE OAK BUSINESS CENTER PARCEL MAP CITY OF FONTANA Page 71 of 288

72 EXHIBIT "C" CIRCULATION (SIGNING & STRIPING) EXHIBIT SHEET 2 OF 4 MATCHLINE SEE ABOVE RIGHT MATCHLINE SEE BELOW LEFT IDIG LIVE OAK, LLC CIRCULATION (SIGNING & STRIPING FOR LIVE OAK BUSINESS CENTER PARCEL MAP CITY OF FONTANA Page 72 of 288

73 EXHIBIT "C" STORM DRAIN EXHIBIT SHEET 3 OF 4 IDIG LIVE OAK, LLC STORM DRAIN EXHIBIT FOR LIVE OAK BUSINESS CENTER PARCEL MAP CITY OF FONTANA Page 73 of 288

74 EXHIBIT "C" SEWER EXHIBIT SHEET 4 OF 4 IDIG LIVE OAK, LLC SEWER EXHIBIT FOR LIVE OAK BUSINESS CENTER PARCEL MAP CITY OF FONTANA Page 74 of 288

75 ACTION REPORT August 28, 2018 FROM: Department of Engineering SUBJECT: Approve a Reimbursement Agreement for the Future South Fontana Sports Park Site Demolition Work RECOMMENDATION: Approve and authorize the City Manager to execute a Reimbursement Agreement with GLC FONTANA II LLC for the demolition and clearing activities for the future South Fontana Sports Park site associated with the Southwest Fontana Logistics Center Warehouse Project and Development Agreement No COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community. DISCUSSION: On January 23, 2018 the City Council approved the Southwest Fontana Logistics Center Warehouse and Development Agreement No The approved project is a development comprising approximately 1.63 million square feet of a warehouse facility on an approximately 73.3 acre site together with the dedication of an adjacent acre site to the City for future park purposes. As a requirement of Development Agreement No.16-00, the developer (GLC FONTANA II LLC) has purchased the park land and will be transferring ownership to the City in the coming months. The future park site is comprised of multiple parcels and requires utility abandonments, home demolitions, and clearing and grubbing activities necessary for the City to have a cleared buildable parcel for the future park site. The Reimbursement Agreement will be provided for the complete demolishing and clearing of the site by the developer and to provide a reimbursement to the developer for the cost. The total cost for the demolition and clearing activities on the park site is estimated to be $438, but not to exceed $500, FISCAL IMPACT: Funds for the reimbursement of the demolition and clearing activities are budgeted in Project # South Fontana Sports Park in the Capital Improvement Fund #602. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: Page 75 of 288

76 APPROVED BY: ATTACHMENTS: Description: Agreement Type: Agreement ITEM: CC-G Page 76 of 288

77 REIMBURSEMENT AGREEMENT between CITY OF FONTANA a California municipal corporation and GLC FONTANA II LLC a Delaware Limited Liability Company \ Page 77 of 288

78 ARTICLE 1. EFFECTIVE DATE; PARTIES; DEFINITIONS 1.1 Effective Date of Agreement. This Reimbursement Agreement ("Agreement") is dated August 28, 2018, for reference purposes only. This Agreement will not become effective until the date ("Effective Date") on which all of the following are true: (i) This Agreement has been approved and executed by the appropriate authorities of the Owner, as defined in Section 1.2.2, and this Agreement has been delivered to the City; (ii) This Agreement has been approved by the City Council following any legally required notices and hearings; and (iii) This Agreement has been executed by the appropriate authorities of the City and delivered to Owner. 1.2 Parties to Agreement The City. The City is the City of Fontana, a California municipal corporation. The address of the City is 8353 Sierra Avenue, Fontana, California 92335, Attention: Kenneth R. Hunt, City Manager; telephone (909) ; with copies to Best Best & Krieger LLP, 2855 East Guasti Road, Suite 400, Ontario, CA 91761, Attention: City Attorney; telephone (909) knowledge: The City represents and warrants to Owner that, to the City's actual current (i) The City is a California municipal corporation, exercising governmental functions and powers and organized and existing under the constitution and laws of the State of California; (ii) execution of this Agreement; The City has taken all actions required by law to approve the (iii) The City's entry into this Agreement and the performance of the City's obligations under this Agreement do not violate any contract, agreement or other legal obligation of the City; (iv) The City's entry into this Agreement and the performance of the City's obligations under this Agreement do not constitute a violation of any state or federal statute or judicial decision to which the City is subject; (v) There are no pending lawsuits or other actions or proceedings that would delay, prevent or impair the timely performance of the City's obligations under this Agreement; (vi) The City has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement has been duly authorized and no other action by the City is Page 78 of 288

79 requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein; and (vii) The individual executing this Agreement is authorized to execute this Agreement on behalf of the City. The representations and warranties set forth above are material consideration to the Owner and the City acknowledges that the Owner is relying upon the representations set forth above in undertaking the Owner's obligations set forth in this Agreement. As used in this Agreement, the term "City's actual current knowledge" shall mean, and shall be limited to, the actual current knowledge of Kenneth R. Hunt, City Manager, as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms, covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns The Owner. The address of the Owner is Von Karman Avenue, Ste. 1170, Irvine, CA (Attn: Ward Mace). knowledge: Owner represents and warrants to the City that, to the Owner's actual current (i) (ii) (iii) (iv) (v) (vi) (vii) The Owner is a duly formed in the State of Delaware and is qualified and in good standing to do business under the laws of the State of California; The individuals executing this Agreement are authorized to execute this Agreement on behalf of the Owner; The Owner has taken all actions required by law to approve the execution of this Agreement; The Owner's entry into this Agreement and the performance of the Owner's obligations under this Agreement do not violate any contract, agreement or other legal obligation of the Owner; The Owner's entry into this Agreement and the performance of the Owner's obligations under this Agreement do not constitute a violation of any state or federal statute or judicial decision to which the Owner is subject; There are no pending lawsuits or other actions or proceedings that would delay, prevent or impair the timely performance of the Owner's obligations under this Agreement; and The Owner has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated Page 79 of 288

80 hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Owner is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. The representations and warranties set forth herein are material consideration to the City and the Owner acknowledges that the City is relying upon the representations set forth above in undertaking the City's obligations set forth above. As used in this Agreement, the term "Owner's actual current knowledge" shall mean, and shall be limited to, the actual current knowledge of Ward Mace, Owner s Vice President Entitlements & Construction as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms, covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the Owner and its permitted nominees, successors and assigns. Wherever the term "Owner" is used herein or therein, such term shall include any permitted nominee, assignee or successor of the Owner. The qualifications and identity of the Owner are of particular concern to the City, and it is because of such qualifications and identity that the City has entered into this Agreement with the Owner. No voluntary or involuntary successor-in-interest of the Owner shall acquire any rights or powers under this Agreement except as expressly set forth herein. The Owner may not assign or transfer all or any part of this Agreement prior to the completion of the Public Offsite Reimbursable Improvements without prior written approval of the City, which may be withheld or conditioned in the City s sole and absolute discretion. Notwithstanding the foregoing, Owner shall have the right to assign its rights under this Agreement to Owner s construction lender, for collateral purposes. In the event of any foreclosure or deed in lieu of foreclosure of liens encumbering the Site, this Agreement, and other collateral for such financing, among other things the foreclosing lender will succeed to Owner s rights under this Agreement, including without limitation the right to complete the Public Offsite Reimbursable Improvements and receive reimbursements therefore. The City hereby approves of such assignment and transfers upon foreclosure or deed in lieu of foreclosure, and upon the assumption and performance of Owner s obligations under and in the manner required by this Agreement by the foreclosing lender, the City will continue to perform its obligations under this Agreement as if such lender were Owner hereunder. City shall execute a consent and agreement to this effect in favor of Owner s construction lender upon the request of Owner in form and substance reasonably acceptable to the City Attorney The City and Owner are sometimes individually referred to herein as Party" and collectively as "Parties." 1.3 Definitions. All initially capitalized terms used in this Agreement shall have the meanings set forth below or, if not set forth below, where such terms first appear in this Agreement "City" means the City of Fontana, a California municipal corporation and general law city, and any nominee, assignee of, or successor to its rights, powers and responsibilities. Page 80 of 288

81 1.3.2 "Owner" means GLC FONTANA II LLC a Delaware Limited Liability Company, and includes Owner's permitted nominees, assignees or successors "Project" means the plan for the ultimate development of and construction of a warehouse facility comprising approximately 1.63 million square feet on an approximately 73.3 acre site together with the dedication of an adjacent approximately acre site to the City for park purposes. This Project was approved pursuant to Master Case No ; General Plan Amendment No ; Zone Change No ; Specific Plan Amendment No ; Tentative Parcel Map No (TPM No ); Design Review Project No ; Development Agreement No , Administrative Site Plan No , and Southwest Fontana Logistics Center Warehouse and Park Site Environmental Impact Report (EIR) (State Clearing House No ) "Public Offsite Improvements means and is limited to demolition and clearing activities on the approximately acre park site as delineated on Exhibit A attached hereto and incorporated herein "Public Offsite Reimbursable Improvements Costs means those actual third party costs and expenses actually incurred and paid by Owner in connection with the Public Offsite Improvements. Owner shall, upon City's written request, provide to City such contracts, receipts, invoices, canceled checks and such other documents as the City may reasonably request to ascertain the amount of the Public Offsite Reimbursable Improvements Costs, as more particularly described in Section "Public Offsite Improvements Reimbursement, as further identified in Section 3.1.3, means the lesser of: (i) (ii) the actual Public Offsite Reimbursable Improvements Costs, or The Improvement Cap of Five hundred thousand dollars ($500,000) "Site" means that certain real property as shown on the Site Map attached as Exhibit B and includes both the Project development site and the adjacent park site. The Project development site is comprised of the following 22 Assessor s Parcel Numbers: , 04, 06, 07, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 25, 28, 29, 30, 31, 32, 39, and 53. The park site is comprised of the following 22 Assessor s Parcel Numbers: , 58, 59, 60, 40, 43 and 06.) ARTICLE 2. RECITALS 2.1 Public Purpose of this Agreement. The City has determined that the Public Offsite Improvements, the City's reimbursement described herein, and the benefits to be received in return by the City and the public are in the best interests of the City and the health, safety, morals and welfare of its taxpayers and residents and is in accordance with public purposes set forth in federal, state and local law and regulation. The City has further determined that implementation of this Agreement and development of the Public Offsite Improvements will further the goals and objectives of the City's General Plan by strengthening the City's land use and social structure. Page 81 of 288

82 ARTICLE 3. PUBLIC OFFSITE IMPROVEMENTS REIMBURSEMENT 3.1 City Obligations Regarding Public Offsite Improvements Reimbursement. City agrees to pay to Owner the Public Offsite Improvements Reimbursement pursuant to this Article Public Offsite Improvements Reimbursement. Provided that an Owner Event of Default (defined below) does not exist at the time of Owner's Public Offsite Improvements Reimbursement Request (defined below), the City shall pay to the Owner the Public Offsite Improvements Reimbursement in the manner set forth below. The Public Offsite Improvements Reimbursement shall be used for the sole purpose of reimbursing Owner for its Public Offsite Reimbursable Improvements Costs. The City has designated and shall appropriate funds for the Public Offsite Reimbursable Improvements Discharge of City's Obligation Upon Owner's Failure to Timely Complete Public Offsite Improvements. Subject to extensions of time due to Enforced Delays as described in Section 6.11 hereof, Owner shall be deemed to be in material uncured breach of this Agreement, and an Event of Default (as defined in Section 5.1) shall be deemed to have occurred hereunder, if Owner fails to make reasonable and diligent efforts to complete and dedicate to the City the Public Offsite Improvements on or before the date on which the certificate of occupancy is issued for the Project (the Public Offsite Improvements Completion Date ). Notwithstanding the foregoing, the Public Offsite Improvements Completion Dates shall automatically extend to the expiration of any bonds or other security posted by Owner with the City which secures completion of the Public Offsite Improvements in accordance with Government Code Section Upon such Event of Default, City may terminate this Agreement without cost or liability Procedure for Requesting Public Offsite Improvements Reimbursement. Upon the Owner's submittal of a certified pay application for the Public Offsite Reimbursable Improvements to the City, but not more than once every thirty (30) days, the Owner may submit to the City a written request for reimbursement ("Public Offsite Improvements Reimbursement Request") of the Public Offsite Reimbursable Improvements Costs attributable to such completed portion in excess of all previously paid Public Offsite Improvements Reimbursement Requests. The Public Offsite Improvements Reimbursement Requests shall be approved and paid by the City in accordance with all of the following provisions: (i) The City's obligation to approve a Public Offsite Improvements Reimbursement Request shall be contingent upon the City's receipt and approval, which shall not be unreasonably withheld or delayed, of the following: (a) The Public Offsite Improvements Reimbursement Request, which shall include a description of the work performed, material supplied and cost incurred or due; (b) Bills, invoices, vouchers, statements and all other documents, which shall be attached to the Public Offsite Improvements Reimbursement Request, evidencing the amount paid to third parties; Page 82 of 288

83 (c) Conditional waivers and releases of mechanics liens, stop notice claims or other lien claim rights; and (d) Any other document, requirement, evidence or information in the Owner's possession or under the Owner's control that City may reasonably request with regard to the Public Offsite Reimbursable Improvements or Public Offsite Improvements Reimbursement Request. (e) City will review and approve said reimbursement request(s) within thirty (30) calendar days following the date of submittal. If the reimbursement request is deemed complete and in compliance with the provisions of this Agreement, City will remit payment to the Owner in the amount of the approved reimbursement request(s) within the said thirty (30) calendar days following said request being approved by the City. 3.2 Discharge of City's Obligation. The City's obligation to make Public Offsite Improvements Reimbursement disbursements pursuant to this Article 3 shall be forgiven, discharged and excused upon notice of termination of this Agreement by City to Owner upon the occurrence of a material Owner's Event of Default as defined in Section 5.1 of this Agreement; provided, however if such Event of Default is cured within the time periods provided, then the City s obligation to make the Public Offsite Improvements Reimbursement shall be restored. ARTICLE 4. DEVELOPMENT OF THE PUBLIC OFFSITE IMPROVEMENTS 4.1. Obligations Regarding Scope of Development. (a) The Owner shall perform its obligations with respect to the development of the Public Offsite Improvements in strict accordance with this Agreement and plans and specifications provided by the Owner and approved by the City. Consistent with the City s standard policies and practices for work within public rights of way, Owner shall have access to, through and across public rights of way to construct the Public Offsite Improvements. If any other governmental official, agency, department or bureau having jurisdiction over the Public Offsite Improvements requires material revisions or corrections of the City-approved Public Improvements plans, the Owner and the City shall cooperate in efforts to obtain waivers of such requirements or to develop a mutually acceptable set of alternative Public Improvements plans. (b) Owner hereby agrees that if this Agreement is terminated by City under Section 5.2 for reason of Owner s Event of Default, Owner waives, to the maximum legal extent, any rights it may have as a good faith improver of real property, including, without limitation, any rights pursuant to Code of Civil Procedure Sections through 871.5, inclusive, Code of Civil Procedure Section 741, or all other state or federal statutes or judicial decisions of similar effect. With regard only to the matters being released herein, Owner waives the provisions of Section 1542 of the California Civil Code, and any other similar statute, rule or case law. Owner has read and understands Section 1542, and has consulted with counsel regarding its terms. Section 1542 provides as follows: A general release does not extend to claims which the creditor does not know or expect to exist in his or her favor at the time of executing a release, which if known by him or her must have materially affected the settlement with the debtor. Page 83 of 288

84 4.2 Cost of Construction. Except for the Public Offsite Improvements Reimbursements specifically provided for otherwise in this Agreement herein, the cost and expense of undertaking and completing the Public Offsite Improvements and the Project, including, without limitation, constructing all on-and off-site improvements, paying all fees and exactions, and providing all utilities therefor, shall be borne by the Owner at its sole cost, expense and liability. 4.3 Indemnity. The Owner shall defend, indemnify and hold the City and its officials, officers, directors, agents, servants, attorneys, employees and contractors harmless from and against all liability, loss, damage, costs, or expenses (including reasonable attorneys' fees and court costs) (all of the foregoing collectively, "Liabilities") arising from or as a result of the death of any person or any accident injury, loss or damage whatsoever caused to any person or to the property of any person and that shall be, or are alleged to be, directly or indirectly, caused by any acts done on the Site by Owner, its members, managers, servants, employees or contractors or any errors or omissions of the Owner or its officials, officers, directors, servants, employees or contractors in connection with design and the construction of the Public Offsite Improvements. The Owner shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions directly or indirectly caused by the City, or its officials, officers, directors, servants, employees or contractors. The Owner's obligations under this Section 4.4 shall survive the expiration or termination of this Agreement; provided however, that Owner shall obtain customary warranties from its design professional(s) and contractor(s) and shall assign all such rights and warranties obtained by Owner from its design professional(s) and contractor(s) to City, and following acceptance by the City of the Public Offsite Improvements for public use, the City s recourse with regard to the design of the Improvements and any defects in material or workmanship shall be limited to actions or proceedings against such design professional(s) and contractor(s), respectively, or their respective insurers. 4.4 Insurance. Prior to the commencement of any construction of the Public Offsite Improvements, the Owner or Owner s contractor shall furnish or cause to be furnished to the City duplicate originals and appropriate endorsements to the Owner's (or Owner s general contractor s) commercial general liability and automobile insurance policies in the amounts set forth below, naming the City as additional or co-insured: (a) (b) (c) $1,000,000 for any one person; and $3,000,000 for any one occurrence; and $1,000,000 for any property damage. The above insurance amounts may be satisfied by a combination of primary and umbrella insurance policies. The policies shall remain in effect during the course of construction of the Public Offsite Improvements, shall be "occurrence," not "claims made," policies and shall be primary and non-contributing to any insurance that the City may elect to obtain. Such policies shall contain a full waiver of subrogation clause. The policies shall be issued by a carrier licensed to do business in California, with a then-current Best's rating of A:VIII or better. Said policies shall provide that they shall not be canceled or reduced in types of coverage or amount of coverage without at least thirty (30) days' prior written notice to the City and that such reduction or cancellation shall become effective until at least twenty (20) days after receipt by the City of the written notice thereof. The policy amounts set forth above shall not limit or define the extent of the Owner's indemnity liability pursuant to Section 4.4 or any other provision of this Agreement, or arising as a matter of law or at equity. Page 84 of 288

85 The Owner shall also furnish or cause to be furnished to the City, upon written request of the City, evidence satisfactory to the City that any contractor with whom it has contracted for the performance of work on the Site carries workers' compensation insurance as required by law. 4.5 Governmental Permits and Compliance With Laws. Before commencement of construction or development of the Public Offsite Improvements, the Owner shall, at its own expense but subject to the Public Offsite Improvement Reimbursement, secure or cause to be secured any and all permits, entitlements, or other approvals that may be required by or from the City or any other governmental agency with jurisdiction over the Public Offsite Improvements. The City shall provide reasonable non-financial assistance to the Owner in securing these permits or approvals. The Owner shall carry out all bidding for the construction of the Public Offsite Improvements and shall require the payment of prevailing wage rates for the Public Offsite Improvements. 4.6 Warranty and Guarantee. Owner hereby warrants and guarantees all Public Offsite Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Owner shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Offsite Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Owner and its surety. As to any Public Offsite Improvements that have been repaired, replaced, or reconstructed during the Warranty, Owner and its surety hereby agree to extend the Warranty for an additional one (1) year period following City s acceptance of the repaired, replaced, or reconstructed Public Offsite Improvements. Nothing herein shall relieve Owner from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Offsite Improvement(s) following expiration of the Warranty or any extension thereof. Owner s warranty obligation under this section shall survive the expiration or termination of this Agreement. In connection herewith, Owner shall submit a warranty bond, in a form reasonably acceptable to the City, in order to secure the performance of such warranty. ARTICLE 5. DAMAGES AND REMEDIES 5.1 Event of Default. Each of the following shall constitute an "Event of Default" under this Agreement: Except as set forth in Section below, failure by a Party to comply with and observe any of the conditions, terms, or covenants set forth in this Agreement, if such failure remains uncured within thirty (30) days after written notice of such failure from the other Party in the manner provided herein or, with respect to a default that cannot be cured within thirty (30) days, if the Party in default fails to commence such cure within such thirty (30) day period or thereafter fails to diligently and continuously proceed with such cure to completion. However, if a different cure period is specified under any other section of this Agreement, then the specific cure period shall control Any representation or warranty contained in this Agreement or in any application, financial statement invoice, certificate, or report submitted by one to the other Party proves to have been intentionally incorrect in any material respect when made. Page 85 of 288

86 5.1.3 Subject to Enforced Delays, the failure of the Owner to complete the Public Offsite Improvements on or before the Public Offsite Improvements Completion Date Failure by the City to comply with and observe its obligation to make reimbursements under Section 3.1 above, if such failure remains uncured within fifteen (15) days after written notice of such failure from the Owner in the manner provided for herein. 5.2 Termination. In addition to all other rights and remedies granted to the Parties under this Agreement or available to them in equity or at law, either Party may terminate this Agreement and all of its rights and obligations hereunder without cost or liability upon the other Party's Event of Default. 5.3 Damages and Specific Performance. Upon an Event of Default, the defaulting Party shall be liable to the other Party for any damages caused by such default, except as otherwise expressly provided herein. The non-defaulting Party, at its option, may institute an action for specific performance of the terms of this Agreement. 5.4 Rights and Remedies Not Exclusive. Unless prohibited by law or otherwise provided by a specific term of this Agreement, the rights and remedies of the City and the Owner under this Agreement are nonexclusive, and all remedies hereunder and thereunder may be exercised individually or cumulatively. In addition to those remedies expressly granted herein, the Parties may exercise any right of remedy available to it pursuant to any other agreement between the Parties. The Parties shall also have the right to seek all other available legal and equitable remedies, including, without implied limitation, general and consequential damages, unless otherwise prohibited by a specific term of this Agreement and injunctive relief. ARTICLE 6. GENERAL TERMS 6.1 Notices and Demands. All notices or other communications required or permitted between the City and the Owner under this Agreement shall be in writing, and may be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by telecopier, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express), addressed to the Parties at the addresses provided in Article 1, subject to the right of either to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the second business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by telecopier or courier service (e.g., Federal Express), shall be deemed given upon receipt of the same by the Party to whom the notice is given. 6.2 Nonliability of City Officials and Employees. No board member, official, officer, member, contractor, consultant, attorney or employee of the City shall be personally liable to the Owner, any voluntary or involuntary successors or assignees, or any lender or other party holding an interest in the Site, in the event of any default or breach by the City, or for any amount that may become due to the Owner or to its successors or assignees, or on any obligations arising under this Agreement. 6.3 Nonliability of Owner Officials and Employees. No board member, official, officer, contractor, consultant, member, manager, attorney or employee of the Owner shall be personally liable to the City or any voluntary or involuntary successors or assignees, in the event Page 86 of 288

87 of any default or breach by the Owner, or for any amount that may become due to the City or to its successors or assignees, or on any obligations arising under this Agreement. 6.4 Conflict of Interests. No board member, official, officer, contractor, consultant, attorney or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such board member, official or employee participate in any decision relating to this Agreement that affects hisher personal interests or the interests of any corporation, partnership or association in which heshe is directly or indirectly interested. 6.5 Attorneys' Fees. In the event of the bringing of an arbitration, action or suit by a Party hereto against the other Party hereunder by reason of any breach of any of the covenants or agreements or any intentional inaccuracies in any of the representations and warranties on the part of the other Party arising out of this Agreement or any other dispute between the Parties concerning this Agreement or the Site, then, in that event, the prevailing Party in such action or dispute, whether by final judgment or arbitration award, shall be entitled to have and recover of and from the other Party all costs and expenses of suit or claim, including actual attorneys' fees. Any judgment, order or award entered in any final judgment or award shall contain a specific provision providing for the recovery of all costs and expenses of suit or claim, including actual attorneys' fees (collectively, the "Costs") incurred in enforcing, perfecting and executing such judgment or award. For the purposes of this Section 6.5, Costs shall include, without implied limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (i) post judgment motions and appeals, (ii) contempt proceedings, (iii) garnishment, levy and debtor and third party examination; (iv) discovery; and (v) bankruptcy litigation. This Section 6.5 shall survive termination of this Agreement. 6.6 Amendments to This Agreement. The Owner and the City agree to consider reasonable requests for amendments to this Agreement that may be made by any of the Parties hereto, lending institutions, bond counsel or financial consultants. Any amendments to this Agreement must be in writing and signed by the appropriate authorities of both the City and the Owner. The City Manager is authorized on behalf of the City to approve and execute minor amendments to this Agreement, including, but not limited to, the granting of extensions of time not to exceed one hundred eighty (180) days in the aggregate. 6.7 Arbitration. Any controversy or claim arising from or relating to this Agreement will be settled by binding arbitration in San Bernardino County, California, under the commercial arbitration rules of the American Arbitration Association then existing. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Arbitrators will be persons experienced in negotiating, making and consummating business agreements and will apply California law. The parties shall have the discovery rights provided for in California Code of Civil Procedure Section All costs and expenses attributable to the arbitration shall be allocated among the parties to the arbitration in such manner as the arbitrator shall determine to be appropriate under the circumstances. This paragraph shall not prevent any party from seeking judicial relief, such as injunction, in connection with actual or threatened breach of the provision of this Agreement. 6.8 Arms-Length Transaction. The City and the Owner acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting and that both Parties have been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction that provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and Page 87 of 288

88 enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the Parties. 6.9 Counterpart Originals; Integration. This Agreement may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. This Agreement and its Exhibits, which are hereby incorporated into this Agreement, represent the entire understanding of the Parties and supersedes all negotiations, letters of intent, memoranda of understanding or previous agreements between the parties with respect to all or any part of the subject matter hereof No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times Time is of the EssenceForce Majeure. Time is of the essence in the performance of the City's and Owner's obligations under this Agreement. In addition to specific provisions of this Agreement providing for extensions of time, times for performance hereunder shall be extended where delays or defaults are due to war; insurrection; any form of labor dispute; lockouts; riots; floods; earthquakes; fires; acts of God or of third parties; third party litigation; acts of a public enemy; referenda; acts of governmental authorities (except that the failure of the City to act as required hereunder shall not excuse its performance); moratoria; epidemics; quarantine restrictions; shortages of materials; freight embargoes; and any other matter beyond the reasonable control of the Party claiming the extension (collectively, "Enforced Delays"), provided, however, that the Party claiming the extension notify the other Party of the nature of the matter causing the default within thirty (30) days from the occurrence thereof; and, provided further, that the extension of time shall be only for the period of the Enforced Delays. However, deadlines for performance may not be extended as provided above due to any inability of the Owner to obtain or maintain financing for the construction andor operation of the Public Offsite Improvements. ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THE OWNER EXPRESSLY ASSUMES THE RISK OF UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES ANDOR MARKET DEMANDCONDITIONS AND WAIVES, TO THE GREATEST LEGAL EXTENT, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. THE OWNER EXPRESSLY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER OF THE OWNER SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR DELAY THE STRICT OBSERVANCE OF EACH AND EVERY OF THE OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT. THE OWNER EXPRESSLY ASSUMES THE RISK OF SUCH ADVERSE ECONOMIC OR MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE OWNER'S EXECUTION OF THIS AGREEMENT. Page 88 of 288

89 OWNER'S INITIALS 6.12 No Third Party Beneficiaries. The performance of the City's and the Owner's respective obligations under this Agreement are not intended to benefit any party other than the City or the Owner, except as may be expressly provided otherwise herein. No person or entity not a signatory to this Agreement shall have any rights or causes of action against any Party to this Agreement as a result of that Party's performance or non-performance under this Agreement, except as expressly provided otherwise herein No Effect on Police Power or Eminent Domain Authority. Nothing in this Agreement shall be deemed to limit, modify, or abridge or affect in any manner whatsoever the City's police power or its eminent domain powers with respect to the Site, the Project, or any other property owned by the Owner. Without limiting the nature of the foregoing, it is hereby acknowledged and agreed by the parties that this Agreement is not a statutory development agreement as described by Government Code Section 65864, et seq., and that this Agreement confers no vested entitlements with respect to the development of the Site, either as set forth in Exhibit B or otherwise Tax Consequences. The Owner acknowledges that it may experience tax consequences as a result of its receipt of the payments provided for in this Agreement and agrees that it shall bear any and all responsibility, liability, costs, and expenses connected in any way therewith Warranty Against Payment of Consideration for Agreement. The Owner warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 6.15, shall not include persons to whom fees are paid for professional services if rendered by attorneys, financial consultants, accountants, engineers, architects and the like when such fees are considered necessary by the Owner. [SIGNATURES ON FOLLOWING PAGE] Page 89 of 288

90 SIGNATURE PAGE CITY OF FONTANA REIMBURSEMENT AGREEMENT CITY OF FONTANA By: Kenneth R. Hunt City Manager GLC FONTANA II LLC. A Delaware Limited Liability Company By: Aaron Morgan President Attest: By: Tonia Lewis, City Clerk Approved as to form: Best Best & Krieger LLP City Attorney By: Debbie M. Brazill, Deputy City Manager Development Services Organization By: Ricardo Sandoval Director of EngineeringCity Engineer IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIESPROCEDURES By: Annette Henckel, Director of Human Resources and Risk Management IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIESPROCEDURES Lisa Strong Management Services Director Purchasing \ v1 Page 90 of 288

91 EXHIBIT A TO THE REIMBURSEMENT AGREEMENT Public Offsite Improvements [Attached] \ Exhibit B Page 91 of 288

92 March 27, 2018 Rev.3 Mr. Jim Garvey Goodman Von Karman Avenue, Suite 1170 Irvine CA Re: Goodman Industrial Park, Fontana II Fontana, CA. Dear Mr. Garvey: We propose to furnish all labor, material, and equipment necessary for the demolition of the Park Site at the above mentioned project for the budgeted amount of $438,018 as detailed in Exhibit E budget Breakdown (attached). Our proposal is based on 20 working days and assumes General Conditions from the adjacent site will be used to oversee the work. No inclement weather days are included. Our proposal is further qualified as follows: BID DOCUMENTS: 1. No plans were provided for the preparation of this proposal. INCLUSIONS AND QUALIFICATIONS: 1. This price is good for 30 days. 2. Price assumes that work will be performed as early as August. 3. Demolition is based on proposal from American Wrecking dated June 12, Due to volatility in the scrap market, this price is based on scrap prices at the time of bid. 5. Pricing excludes any offsitestreet work. 6. Includes demolition of existing buildingsstructures, including slabs and foundations. 7. Includes demolition of foundations up to 5 below grade and backfill of voids for safety. Backfill will be performed with native soils without compaction. 8. Pricing is based on 4 slabs. Asphalt and concrete will be crushed into 2 minus CMB and stockpiled on site. Includes costs to have demolition contractor spread the crushed material evenly across the site. 9. Septic systems and other existing concealed elements not discovered during demolition are the responsibility of Others. 10. Septic systems deeper than 10 will be abandoned in place at the direction of the CivilSoils Engineers. Excludes costs to abandon in place (work is to be performed on T&M). Any septic systems left in place during demolition will be documented in an as built plan. 11. Pumping of UST for any discovered septic systems will be performed on a T&M basis and charged to the allowance. 12. Pricing excludes any removal of contaminated soil. 13. All work is to be performed in (1) move. 14. Net 30 day payments with no retention on demolition work. 10% retention will be withheld on the General Contractors work per the contract requirements. 15. Includes installation of BMP s along the perimeter of the site. Page 92 of Asphalt containing Petromat will be handled as a changed condition.

93 17. Temporary fencing includes green screen and will be installed on a T&M basis. 18. Survey of fence line is not included as fence is expected to move once construction commences. 19. Includes securing demolition and AQMD permits. Actual permit cost will be issued as a reimbursable invoice. 20. Key locks will be keyed alike at all gates cost will be charged to fencing allowance. 21. Includes coordination with Dig Alert for fencing installations. 22. Proposal includes prevailing wages. 23. All work is to be completed during normal construction hours. 24. Bid is based on Oltmans Construction having unobstructed and timely access to adjacent areas to perform work. 25. All materials will be hauled to a class 3 landfill or transported to a recycling facility. 26. All salvage rights belong to the Demolition Contractor. 27. Includes 10 day AQMD notification. 28. Includes dust control during demolition. SWPPP BMP s will be installed during demolition. 29. Subsurface demolition not shown on the Demolition Plans will be addressed on a T & M basis. 30. Includes a single application of a soil binder at the completion of demolition. EXCLUSIONS: 1. Testing and inspections. 2. Construction sound attenuation or mitigation. 3. Excludes provisions for the conditions of approval. 4. Excludes weather delays and general conditions. 5. Builders All Risk Insurance premiums and deductibles. 6. Design costs. 7. Utility company fees, connection fees, meter fees, and permits. 8. Water meters except for construction. 9. Excludes surveying of underground utilities for as builts. Includes a redlined plan for as builts only. 10. For Construction changes. 11. Make safe costs (by utility provider as coordinated by Goodman). 12. Excludes dust control and weed abatement after demolition is complete. A binder is to be applied as referenced above. 13. Excludes maintenance of soil binder. 14. Dust control during mowing of weeds. 15. Contacting residents regarding ongoing operations. 16. Local municipal taxes if any. 17. Project security. We appreciate the opportunity to present our proposal information to you at this time. Should you have any questions or desire further information, please do not hesitate to contact our office. Sincerely, OLTMANS CONSTRUCTION CO. Jose Borrayo Project Manager M i s s i o n M i l l R o a d, P. O. B o x 9 85, W h i t t i e r, C a l i f o r n i a w w w. O l t m a n s. c o m L i c e n s e N o A B Page 93 of 288

94 Exhibit E Budget Breakdown PROJECT OWNER ARCHITECT PLANS ESTIMATOR BID DATE LOCATION DESCRIPTION Goodman Industrial Park, Fontana II Goodman Thienes Engineering None Provided Jose Borrayo 27 Mar 17 Santa Ana & Cypress, Fontana Park Site Demolition Budget C.S.I. DESCRIPTION Shell Site Allowance T & M Board up $20, Make Safe (by utiltity Co.) $ Allowance ACMLead Testing $13, Allowance Hazardous Material Abatement $13, Allowance Weed Abatement $15, Allowance Temp Fencing $26, Demolition $242, Erosion Control $10, Allowance SWPPPDust Palliative $50, Allowance Water Usage Allowance $15, Allowance Pumping for UST $10,000 Allowance Permits $7,500 SUBTOTAL $422,200 #REF! INSURANCE $4,095 #REF! SUBTOTAL $426,295 #REF! O & P $11,723 SUBTOTAL $438,018 #REF! CITY TAXES $0 TOTAL $438,018 Page 94 of 288

95 Revised Demolition ProposalContract June 12, 2018 To: Mr. Jose Borrayo Otlmans Construction Co. Project: Cypress, Santa Ana, & Juniper Ave. Fontana, CA American Wrecking, Inc. proposes to furnish all labor, material and equipment to perform the following work in a good workmanlike and substantial manner: Scope of Work Base Bid (Burrtec Hauls Debris) o The demolition and removal of existing structures including slabs and foundations, site walls, and slabs. Option 2: o Burrtec hauls away all non-trace ACM construction debris, concrete is crushed and stockpiled on-site for Owner s reuse. Option 3: o American Wrecking Inc hauls away all C&D and concrete is crushed and stockpiled on-site for Owner s reuse. Asbestos Survey Pricing o $700 per structure ANY CHANGES IN SCOPE OF WORK CAN ONLY BE NEGOTIATED BY ROBERT HALL, VICE PRESIDENT, AWI. Methods and Procedures Perform work in compliance with all City, State and Federal Regulations Price: Base Bid: Two hundred fifty-seven thousand dollars. $257, Option 2: Two hundred forty-two thousand and seven hundred dollars. $242, Option 3: One hundred fifty-nine thousand dollars. $159, Payment Terms Payment monthly on approved schedule of values. Retention if held to be paid 30 days after completion of this scope of work. Schedule Interior demolition work to be complete in 20 working days in 1 mobilization Conditions Price based on 4 slabs. No work to be performed until all utilities have been disconnected and removed by owner Work to begin ten days after notice to the local Air Quality Management District Price includes original notification fees, any revisions to be billed at $75 each All resulting debris will be disposed of at a class 3 landfill or transported to a recycle facility Materials not listed in survey requiring disposal as hazardous will be handled as a changed condition Page 95 of 288

96 American Wrecking, Inc. retains all salvage rights All work will be performed with nonunion labor Proposal is good for 30 days Due to volatility in the scrap market, this price is based on scrap prices at time of bid Price is based on self-hauling of materials generated from this site Asphalt containing Petromat will be handle as a changed condition Insurance Insurance provided on this project is $2,000, General Liability, 10,000, General Liability Umbrella, 2,000, Automobile Liability and $1,000, Workers Compensation and Employers Liability Exclusions The following items are excluded from our proposal unless specifically included in the scope. Excluded items must be provided by others, if required, to ensure the timely completion of our work: City Waste Hauling Franchise Fee, TaxesSurcharges for Waste Disposed of at Landfill Sites, Use of Franchise Haulers, Bond, Permits, Sidewalk Closure Permit, Pedestrian Protection, Shoring, Lagging, Underpinning and Bracing, Backfill and Compaction, Dewatering, Site Security, Traffic Control, Hazardous Materials, Unforeseen Conditions, Salvage for Others, Engineering, Staking, Layout, Testing, Patching Paving, Utility Disconnect, Abandonment, Relocation, Protection, Removal of Debris Laden Soil, Removal of Contaminated Soil, Removal of Pilings and Caissons, Support of Existing Columns, Aggregate Base or Sand Below Slabs, Utility Cap American Wrecking, Inc. Britney Rojas, Project Manager Date: OwnerContractor Date THIS DEMOLITION PROPOSAL IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF Page 96 of 288

97 TERMS AND CONDITIONS OF DEMOLITION PROPOSAL You (the Customer ) and American Wrecking, Inc. ( AWI ) agree as follows: 1. WRITTEN AGREEMENT TO ADDITIONAL TERMS. The specifications, terms and conditions contained on the front and back hereof ("the Agreement ) may not be varied by Customer s purchase order or any other document generated by Customer. Any additional or different terms proposed by Customer are hereby rejected and shall be of no force or effect unless expressly agreed to in writing by an officer of AWI. 2. SUPPLIES AND MATERIALS. AWI shall have the sole right to choose the suppliers from whom it purchases supplies and materials to be used in the performance of the work provided for under this Agreement. 3. CANCELLATION OF ORDERS. Orders cannot be canceled except upon terms that will compensate AWI for any and all loss, including, without limitation, the cost of any specially ordered materials and an amount for normal overhead and profit. 4. WAIVER OF CLAIMS. All claims for alleged defects, damages, or shortages in the finished work furnished by AWI shall be deemed irrevocably waived unless Customer makes such claim in writing within sixty (60) days of substantial completion of the work by AWI. 5. EXCLUSION AND LIMITATION OF WARRANTIES. AWI WARRANTS THAT THE FINISHED WORK WILL BE AS DESCRIBED IN THIS AGREEMENT, BUT AWI MAKES NO OTHER EXPRESS WARRANTY WITH RESPECT TO THE FINISHED WORK. AWI DOES NOT WARRANT THAT THE FINISHED WORK IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. 6. LIMITATION OF LIABILITY. AWI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, SUSTAINED OR INCURRED BY CUSTOMER IN CONNECTION WITH THE WORK AND MATERIALS FURNISHED UNDER THIS AGREEMENT. AWI S LIABILITY FOR BREACH OF THIS AGREEMENT, AND CUSTOMER S REMEDY THEREFOR, SHALL BE LIMITED TO THE CONTRACT PRICE OF THE WORK TO BE FURNISHED, AS SET FORTH ON THE REVERSE HEREOF, OR THE COMPLETION OF THE WORK UNDER THIS AGREEMENT, AT THE OPTION OF AWI. 7. FORCE MAJEURE. AWI shall have no liability for delays in the performance, or nonperformance, of this Agreement occasioned by causes beyond the control of AWI, including, without limitation, acts of God, war, strikes, lockouts, fires, inability to obtain materials or shipping space, equipment breakdown, delays of carriers or suppliers and governmental acts and regulations. 8. ALTERATIONS. Any work Customer requests AWI to perform that differs from or is in addition to the original specifications set forth on the reverse hereof is a change. Such changes, different or additional work shall be billed to and paid by Customer. 9. PAYMENT TERMS. Customer shall pay AWI in full upon job completion if the time to complete the work does not exceed fifteen (15) calendar days unless a progress payment schedule is set forth in the Agreement. Otherwise, payment shall be made in accordance with the Agreement s payment schedule, or, if there is no such schedule and the work exceeds fifteen (15) calendar days, from time to time in accordance with the value of the work performed and the materials provided and actually delivered to Customer s job site. AWI shall submit invoices to Customer pursuant to the foregoing terms. Invoices are due upon presentation. Accounts which are not paid within 30 days from invoice date shall bear interest at the rate of 1 12 percent andor the maximum rate allowed by the law, and shall be charged a $100.00month collection charge. 10. SCHEDULING AND PRICE. If preferential scheduling is required to meet Customer s requirements, AWI shall have the right to adjust the prices to reflect such scheduling. 11. NOTICE TO CUSTOMER. Contractors are required by law to be licensed and regulated by the Contractor s State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractor s State License Board, 9835 Goethe Road, Sacramento, CA Mailing address: P.O. Box 26000, Sacramento, CA ASBESTOS. Unless specifically provided for on the reverse of this Agreement, AWI s scope of work shall not include the identification, detection, abatements, encapsulation or removal of asbestos or similar hazardous substances. If AWI encounters any such products or materials in the course of performing its work, or if such hazardous materials are encountered by any firm performing work at the job site and AWI determines that such materials present a hazard to its employees, AWI shall have the right to discontinue its work and remove it s employees from the job site until such products or materials, and any hazards connected therewith, are located and abated, encapsulated or removed, or it is determined that no hazard exists (as the case may require), and AWI shall receive an extension of time to complete its work hereunder and compensation for delays encountered as a result of such situation and correction. 13. HAZARDOUS MATERIALS. Customer hereby agrees to indemnify, defend and hold harmless AWI from and against any and all damages, losses, obligations, liabilities, fines, penalties, claims whether well-founded or not), actions or causes of action for whatever kind or nature, which may be made, asserted, maintained, enforced, secured against or sustained or suffered by AWI, in whole or in part, by reason of, or arising out of, or relating to, the presence, whether discovered or not, known or not known, of any hazardous materials located on the property where the project is located and further, to defend, indemnify and hold AWI harmless from and against, any and all claims, lawsuits, losses, liabilities, damages, fines, penalties and expenses (including, without limitation, clean-up costs and reasonable attorneys fees arising by reason of any of the aforesaid or any action against AWI under this indemnity) arising directly or indirectly from, in whole or in part, out of or by reason of any breach of any provision of this paragraph, any environmental or regulatory violations, or any Hazardous Discharge or Environmental Complaint related to the Premises or any items located thereon, whether or not initiated or occurring prior to or after the work performed by AWI and whether or not Customer has any claim for reimbursement or indemnity for any third party, except as to such items caused solely by the act or negligence of AWI while it uses or is working on the project. Customer s obligation under this paragraph is without any exclusion or limitation whatsoever. 14. INDEMNIFICATION. Customer shall indemnify, defend and hold AWI and its officers, directors, shareholders, employees, agents and representatives (the Indemnified Parties ) harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against any Indemnified Party on any and all grounds, regardless of responsibility for negligence and which might arise in connection with the agreed work. Customer agrees to defend promptly and continue the defense of any such claim, demand, action or proceeding that may be brought against any Indemnified Party at the Customer s sole expense, provided that such Indemnified Party shall promptly notify Customer with respect thereto, and provided further that such Indemnified Party shall give to Customer reasonable time in which to undertake and continue the defense thereof. 15. TAXES. Appropriate state and local taxes will be added to all applicable invoices. If any job or portion thereof believed to be exempt from sales tax is determined subsequently to be taxable, Customer shall hold AWI harmless from the tax liability assessed and pay the tax due. 16. BANKRUPTCY. If either party makes an assignment for the benefit of creditors, admits in writing its inability to pay its debts as they become due, files a voluntary, or has filed against it an involuntary, petition for bankruptcy or reorganization, is adjudicated a bankrupt or insolvent, or applies for or consents to the appointment of a receiver for it or its property, the other party may terminate this Agreement by written notice. Such termination shall not relieve either party from any obligation accrued hereunder up to the date of receipt of notice of termination. 17. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the then prevailing rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 18. ATTORNEYS FEES. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such action or proceeding, as determined by an arbitrator in a final judgment, or by court of law in a final judgment or decree, shall pay the successful party all costs, expenses and reasonable attorneys fees incurred therein by such party (including, without limitation such costs, expenses and fees on any appeal), and if such successful party shall recover judgment in any such action or proceeding, such costs, expenses and attorneys fees shall be included as part of such judgment. 19. INTEGRATION. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the party sought to be bound, andor no waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an officer of AWI, if AWI is the party making the waiver, or by Customer, if Customer is the party making the Waiver. 20. GOVERNING LAW. The laws of the State of California shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. Any and all litigation or arbitration between the parties shall be or brought and maintained in Los Angeles County, California. Initial Initial Page 97 of 288

98 EXHIBIT B TO THE REIMBURSEMENT AGREEMENT Site Map [Attached] Exhibit B \ Page 98 of 288

99 Page 99 of 288

100 Page 100 of 288

101 ACTION REPORT August 28, 2018 FROM: Department of Engineering SUBJECT: Approve Utility Agreements for the Foothill Boulevard from Oleander Avenue to 600' East of Cypress Avenue Street Improvement Project RECOMMENDATION: Approve and authorize the City Manager to execute any and all utility agreements and authorize payment of all invoices and deposits necessary for the relocation and installation of any and all public utilities work on behalf of the City of Fontana for the Foothill Boulevard from Oleander Avenue to 600' East of Cypress Avenue Street Improvement Project. COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion. DISCUSSION: On June 26, 2018, the City Council approved the Capital Improvement Program Budget for Fiscal Years The Program includes the Foothill Boulevard from Oleander Avenue to 600' East of Cypress Avenue Street Improvement Project. This priority one project is currently in the design phase. The proposed improvements include a new decorative traffic signal at the intersection of Foothill Boulevard and Oleander Avenue. Additionally surface pavement and a raised median more than one-third of a mile long will be added along Foothill Boulevard. During the design phase of the project, it was determined that utilities owned by Southern California Edison (SCE) were in conflict with the proposed construction. SCE has prior rights, which results in the requirement for the City to pay for the relocation of the facilities. Additionally, the City will need to pay for SCE to relocate street lights and extend SCE lines to provide services to the new street lights. SCE has generated invoices and the City is required to deposit funds based on the work needed. Upon completion of the field work, the original deposited amounts will be reconciled to actual costs and final billing adjustments will be made. The required deposit is $119, for relocation under SCE Tariff Rule 20C - Applicant to Install DuctsSubstructures. Additional invoices and payments from other utility companies may be required. Page 101 of 288

102 This action will authorize the City Manager to execute any and all utility agreements and authorize payment of all invoices and deposits necessary for the relocation and installation of any and all public utilities work for this project. FISCAL IMPACT: The project is possible through the current Measure-I program. This project is funded in Fiscal Year under Measure I Nexus Fund #245, Grant Fund #301, and Mitigation Fund #630 in Project No MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: ATTACHMENTS: Description: Vicinity Map Invoice SCE Agreement Type: Vicinity Map Backup Material Agreement ITEM: CC-H Page 102 of 288

103 Page 103 of 288

104 Request For Advance Payment City of Fontana 8353 Sierra Avenue Fontana, CA Document # Document Date Customer # SCE Contact Marlen Casas Telephone # (RE) Description Amount Advance Payment - Project Payment $119, SCE Project# : 1596-Fontana If paying by check, please follow instructions on bill stub below Instructions for wire or ACH payments: JP Morgan Chase Bank New York, NY ABA#: Acct#: SCE Taxpayer ID No Ref: Customer# Document# Marlen Casas Failure to properly identify your customer and document number may delay your project Please detach and return payment stub with payment Cut Here Payment Stub $119, Customer Enter the amount you Document paid $ (RE) Make check payable to Southern California Edison. Please include customer and document# on the check. City of Fontana 8353 Sierra Avenue Fontana, CA Southern California Edison Attn: Accounts Receivable PO Box 800 Rosemead, CA Page 104 of 288

105 FACILITIES RELOCATION AGREEMENT (RELOCATION UNDER SCE TARIFF RULE 20C APPLICANT TO INSTALL DUCTSSUBSTRUCTURES) This Facilities Relocation Agreement ( Agreement ) is made and entered into this 9th day of May, 2018 (the Effective Date ) by and between Southern California Edison Company, a California corporation ( SCE ), and City of Fontana (the Applicant ). SCE and the Applicant are sometimes individually referred to herein as a Party and collectively as the Parties. RECITALS WHEREAS, the Applicant is proposing to develop a Commercial project (the Project ) within that area generally depicted in the attached Exhibit A (the Project Location ). WHEREAS, SCE currently operates and maintains certain distribution facilities (collectively the SCE Facilities ) within and proximate to the Project Location. WHEREAS, the Applicant has determined that implementation of the Project will require the relocation of portions of the SCE Facilities and, to that end, the Applicant has requested that SCE relocate some or all of the SCE Facilities. WHEREAS, subject to the terms and provisions set forth herein, SCE is willing and able to relocate the identified SCE Facilities in order to accommodate the Project. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE APPLICANT AND SCE AS FOLLOWS: 1. SCOPE OF WORK AGREEMENT The Project will require that certain of SCE s overhead distribution facilities be relocated underground ( the Relocation ). The Relocation will be performed in accordance with SCE s Tariff Rule 20: Replacement of Overhead with Underground Electric Facilities, Section C ( Rule 20C ), which is incorporated herein by this reference. The Scope of Work for the Relocation is as follows: OH to UG conversion (Rule 20C) of 7 street light poles, approximately 1000 ft. 2. RELOCATION PLANS a. Approved Relocation Plans. In furtherance of the Applicant s request, SCE has prepared certain plansdesigns that identify (i) the SCE Facilities that will be impacted by the Project and (ii) the relocation areas for the affected SCE Facilities (the Relocation Plans ). Copies of the Relocation Plans are attached hereto as Exhibit B. The Applicant expressly acknowledges that (a) it has reviewed and approved the Relocation Plans and (b) the Relocation Plans do not present any conflicts with the Applicant s development plans for the Project, nor do the Relocation Plans conflict with any other non-sce utilities that are located, or will be located, in the Project Location. It is the Applicant s sole responsibility to ensure that no conflicts exist between the Relocation Plans and the Applicant s development plans or other non-sce utilities, and to timely inform SCE of the need for any refinements, modifications, or Page 1 of 12 Transmission Project Management Revision Page Date: 105 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

106 revisions to the Relocation Plans to resolve any such conflicts that may later arise, all in accordance with subsections (b) (d) below. b. Refinements to Plans. Depending upon the design status of the Project as of the Effective Date, the Parties acknowledge that refinements andor adjustments to portions of the Relocation Plans may be required in order to eliminate minor conflicts. In such instance, SCE shall prepare such refinements to the Relocation Plans as may be necessary in order to addresseliminate said conflicts. The refined Relocation Plans shall be presented to the Applicant for review and approval; SCE shall not commence the Relocation Work (see Section 4, below) unless and until the Applicant has reviewed and approved the refined Relocation Plans. The Applicant shall be responsible for all costs and expenses reasonably incurred by SCE in relation to SCE s refinement of the Relocation Plans. c. Revised Plans. In the event that modificationsrevisions to the Relocation Plans are required in order to accommodate changes to the Project (including the elimination of conflicts with the Applicant s development plans), to resolve conflicts with other non-sce utilities within the Project area, or to address other changed circumstances, then SCE shall prepare such modificationsrevisions as are necessary to address said changes and shall present same to the Applicant for review and approval. The Applicant shall be responsible for all costs and expenses reasonably incurred by SCE in relation to SCE s preparation of the modificationsrevisions to the Relocation Plans. d. Potential Project Delays. The Applicant expressly acknowledges that the preparation of refined, modified andor revised Relocation Plans may cause delays in SCE s performance of the Relocation Work, and that said delays could impact the development schedule for the Project. The Parties agree that SCE shall not have any liability or obligation to the Applicant (or others) in the event that the preparation of refined, modified andor revised Relocation Plans results in delays in the Project. 3. ACQUISITION OF LAND RIGHTS The Applicant shall be responsible for securing all land rights required by SCE to allow SCE to relocate, construct and permanently operate and maintain the SCE Facilities on the areas depicted in the Relocation Plans (the Relocation Areas ). The land rights acquired by the Applicant (the SCE Land Rights ) shall be in a form prescribed by SCE (the SCE Land Rights Form ); SCE shall provide the SCE Land Rights Form to the Applicant. The SCE Land Rights shall also include permanent rights of ingressegress that allow SCE to gain reasonable, unimpeded and non-escorted access to and from the Relocation Areas and the SCE Facilities (whether over lands owned by the Applicant or otherwise). In connection with the acquisition of the SCE Land Rights, the Applicant shall be responsible for clearing all encumbrances identified by SCE that could interfere with the Relocation Work and the exercise of the SCE Land Rights onabout the Relocation Areas (including access theretotherefrom). Unless otherwise agreed in writing by SCE, the SCE Land Rights shall be granted directly to SCE. Notwithstanding any provision herein to the contrary, SCE will not begin the Relocation Work unless and until all required SCE Land Rights have been executed, in writing, and presented to and approved by SCE. 4. RELOCATION WORK Following (i) the Parties confirmation of the finality of the Relocation Plans and (ii) the Applicant s acquisition (and SCE s approval) of the SCE Land Rights, SCE shall cause the SCE Facilities to be removed and relocated to the Relocation Areas in accordance with the Relocation Page 2 of 12 Transmission Project Management Revision Page Date: 106 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

107 Plans (the Relocation Work ). SCE and the Applicant shall perform the Relocation Work in accordance with all applicable laws, rules and regulations. a. Work to Be Performed by SCE 1. SCE shall procure and install all materials related to its electrical system - for example: cable, transformers, switches, capacitors, meters, and connectors - except the ducts and substructures as defined in Rule 20B.2.a, which are to be procured and installed by the Applicant. SCE shall provide all engineering work related to the relocation of said electrical facilities. 2. SCE shall inspect and approve all ducts and substructures procured and installed by the Applicant before SCE begins the installation of the underground facilities. 3. SCE shall, at Applicant s cost and expense, remove its overhead electrical facilities after the underground facilities have been installed, energized, and placed into permanent service. 4. Except as stated in Section 9 below, SCE and the Applicant shall each separately be responsible for obtaining all permits required to complete the portion of the work for which each Party is responsible under this Agreement, unless the Parties agree otherwise in writing. b. Work to Be Performed by Applicant 1. The Applicant, at no cost to SCE, is responsible for providing SCE with any required street improvement or site plans reflecting the location of all existing and proposed underground andor overhead structures andor facilities. 2. The Applicant, at no cost to SCE, shall procure and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and poles bases, and perform other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving in connection with the installation of the underground system, all in accordance with the Relocation Plans, subject to inspection and approval by SCE. 3. The Applicant shall notify SCE 48 hours prior to construction or installation of the ducts and substructures so that SCE can schedule the required inspection. 4. The Applicant shall provide SCE with "As-Built" drawings. 5. The Applicant, at no cost to SCE and subject to SCE's approval and acceptance, will grant SCE, in writing, ownership of all ducts and substructures installed pursuant to this Agreement. The Applicant warrants and represents that the ownership of the installed ducts and substructures, and each and every component thereof, as approved by SCE, will pass to SCE free and clear of any and all liens and encumbrances. 6. After the Applicant has completed installation of all ducts and substructures, and the ducts and substructures have been inspected and approved by SCE, the Applicant shall furnish to SCE a schedule of all costs incurred in the Page 3 of 12 Transmission Project Management Revision Page Date: 107 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

108 construction of the ducts and substructures. SCE must have this information before SCE energizes the underground facilities and de-energizes the overhead facilities. As part of the project reconciliation, if the project is subject to Income Tax Component of Contribution ( ITCC ), SCE will provide a statement of ITCC for the project, which includes the ITCC charged on the ducts and substructures installed by the Applicant. 7. With respect to the Relocation, the Applicant shall ensure that either (a) all property owners served from the overhead facilities to be removed have first agreed in writing to have the wiring changes made on their premises so that service may be furnished from the underground distribution system in accordance with SCE s rules and that SCE may discontinue its overhead service upon completion of the underground facilities, or (b) suitable legislation is in effect requiring such necessary wiring changes to be made and authorizing SCE to discontinue its overhead service. 5. BUY AMERICA COMPLIANCE SCE understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). All documents obtained to demonstrate Buy America compliance will be held by the SCE for a period of three (3) years from the date of final payment to the SCE and will be made available to STATE or FHWA upon request One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR or other applicable provisions or excluded material cited in the Department s guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, If, in connection with SCE s performance of the Work hereunder, Applicant provides to SCE any materials that are subject to the Buy America Rule, Applicant acknowledges and agrees that Applicant shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule). Applicant further acknowledges that SCE, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, Guidance ) issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, SCE shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if SCE s actions are in compliance with the Guidance. 6. COST ALLOCATION Page 4 of 12 Transmission Project Management Revision Page Date: 108 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

109 Applicant is exclusively responsible for all costs and expenses associated with SCE s implementation of the Relocation Plans including, but not limited to, the costs and expenses associated with (i) SCE s preparation of the Relocation Plans (and any revisions thereto and refinements thereof), (ii) SCE s performance of the Relocation Work and (iii) the Applicant s acquisition of the SCE Land Rights]. SCE may provide Applicant with credits with respect to the Relocation as required by its applicable Tariff Rules of service. Applicant shall reimburse SCE for costs and expenses incurred by SCE in accordance with the provisions of Section 6, below. 7. INITIAL COST ESTIMATE, PAYMENT(S) AND RECONCILIATION a. Initial Cost Estimate. The total estimated cost for the Relocation Work for which the Applicant is responsible is $119, (the Initial Cost Estimate ). The Initial Cost Estimate does not include an Income Tax Component of Contribution ( ITCC ) based on SCE s understanding that this project is exempt from ITCC charges. In the event that the Internal Revenue Service, state, city, andor local governmental taxing authority determines that this project is taxable, the Applicant will reimburse SCE for the full amount of the tax liability, plus interest, penalties, fees, and related costs. Such amounts will be paid to SCE within 60 days after notification of such event by SCE to the Applicant. By execution of this Agreement, the Applicant hereby acknowledges that this project is funded by the Applicant. b. Prior Advances; Outstanding Balance. Thus, the total remaining balance due to SCE at this time is $119, (the Outstanding Balance ). c. Payment of Outstanding Balance. Concurrent with the Applicant s execution and delivery of this Agreement, the Applicant shall pay to SCE the Outstanding Balance. The Outstanding Balance shall be delivered to SCE at the address shown in Section 12.b, below, and shall reference the following SCE Project File Number: Project ID # Notwithstanding any provision herein to the contrary, the Applicant acknowledges and agrees that SCE will not begin the Relocation Work unless and until SCE has received the Outstanding Balance. d. Reconciliation. The Parties acknowledge that the Initial Cost Estimate is valid only for a period of 90 days following the Effective Date, and that the costs associated with SCE s performance of the Relocation Work could increase prior to SCE s completion of the Relocation Work. Upon completion of the Relocation Work (or the cancellation of the Project or termination of this Agreement), the Applicant will be responsible for paying the total costs and expenses actually incurred by SCE for which the Applicant is responsible under this Agreement in relation to implementation of the Relocation Plans. Thus, at the completion of the Relocation Work (or upon the cancellation of the Project or termination of this Agreement), SCE will calculate the total actual costs and expenses for which the Applicant is responsible hereunder, and the Applicant will be provided with a final invoice identifying said costs and expenses. The Applicant will be billed or refunded, as applicable, for any difference between the amounts paid by the Applicant hereunder and the actual costs and expenses incurred by SCE. Any amount owed to SCE shall be due no later than 30 days after the Applicant s receipt of the final invoice. Similarly, any amount owed by SCE to the Applicant shall be refunded by SCE to the Applicant within 30 days following SCE s preparation and delivery of the final invoice. If the Applicant fails to pay the final invoice within 30 days of receipt, the Applicant is responsible for paying to SCE, in addition to the invoiced amount, any and all costs incurred by Page 5 of 12 Transmission Project Management Revision Page Date: 109 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

110 SCE to collect the past due amount, including but not limited to, collection agency fees and court costs, but excluding attorneys fees. 8. PROJECT SCHEDULING The Parties acknowledge and agree that completion of the Relocation Work is contingent upon mutually acceptable schedules, available resources, the timely obtaining of permits, licenses, real property rights, and other documents, outages or other key items and not being delayed by those forces described in Section 8, below. The Parties shall work cooperatively and in good faith to timely meet all mutually-acceptable schedules and to minimize delays; however, the Applicant expressly acknowledges and agrees that SCE offers no guarantees or warranties regarding the completion date for the Relocation Work. 9. NO RESPONSIBILITY FOR DELAYS SCE shall not be responsible or liable to the Applicant (or others) for any delay in its performance hereunder, or for any delays in the Project, due to any reason including, but not limited to: shortage of labor or materials, delivery delays, major equipment breakdown, load management, strikes, labor disturbances, war, riot, insurrection, civil disturbance, weather conditions, epidemic, quarantine restriction, sabotage, act of public enemy, earthquake, governmental rule, regulation or order, including orders of judgments of any court or commission, requirement of additional or separate Environmental Impact Reports requested by the California Public Utilities Commission ( CPUC ), delay in receiving a Certificate of Public Convenience and Necessity from the CPUC, delay in obtaining necessary rights of way, act of God, or any cause or conditions beyond the control of SCE or the Applicant. The Applicant expressly waives and releases any and all claims for damages against SCE arising out of any delays in the Project unless due to SCE s sole negligence or willful misconduct. 10. COMPLIANCE WITH CEQA AND OTHER ENVIRONMENTAL LAWS The Applicant, at no cost to SCE, but with SCE s reasonable cooperation, shall comply with the requirements of the California Environmental Quality Act ( CEQA ) and other environmental laws, as applicable, and shall prepare any and all Negative Declarations, Mitigated Negative Declarations andor Environmental Impact Reports which may be required by any agency or entity having jurisdiction over the Project and the Relocation Work. The Applicant expressly acknowledges that SCE is relying upon the Applicant s representations that the Relocation Work is covered by the environmental documentation, clearances and permits issued (or to be issued) in relation to the Project, and that the Applicant is responsible for satisfying all mitigation requirements and conditions attendant to SCE s performance of the Relocation Work. Notwithstanding any provision herein to the contrary, the Applicant acknowledges and agrees that SCE will not begin the Relocation Work unless and until all environmental permits, approvals, certifications and authorizations have been issued in relation to the Project and the Relocation Work. 11. COOPERATION BY BOTH PARTIES; TIMELY COMMUNICATION The Parties shall work cooperatively and in good faith to timely implement their respective duties and obligations set forth herein. To that end, the Parties shall timely communicate with one another regarding the status of the Project, the status of the Relocation Work, and ways that the Parties may work together to facilitate the completion of this Agreement. Notwithstanding any provision herein to the contrary, failure by the Applicant to timely respond to requests for information by SCE shall be considered a default of this Agreement. Page 6 of 12 Transmission Project Management Revision Page Date: 110 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

111 12. INDEMNIFICATION The Applicant agrees, for itself, and for its agents, contractors, and employees, to save harmless, defend, and indemnify SCE, its officers, agents, contractors, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of action, expense andor liability arising from or growing out of loss or damage to property, including SCE's own personal property, or injury to or death of persons, including employees of SCE, resulting in any manner whatsoever, directly or indirectly, by reason of the Applicant s Project necessitating the subject work. Applicant s duty to indemnify SCE includes, without limitation, claims against SCE regarding approvals given by Applicant for SCE s plans, claims against SCE pertaining to the location andor underlying real property rights for SCE s facilities in new locations (as may be applicable), and claims against SCE for the removal andor remediation of pre-existing environmental contamination (provided such contamination was not caused by SCE). Applicant shall not be excused of its duty to indemnify for SCE s ordinary negligence, but shall be excused to the extent claims, losses, or damages are attributable to SCE s sole negligence, gross negligence, or willful misconduct. 13. NOTICES, CORRESPONDENCE, AND PAYMENT ADDRESS a. Notices and Correspondence. Any notices and correspondence provided for in this Agreement, other than payments, to be given by either Party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States mail, registered or certified and postage prepaid, addressed as follows: To SCE: Marlen Casas Project Manager (Transmission) Southern California Edison 300 N. Pepper Ave., Bldg. B Rialto, CA To City of Fontana: 8353 Sierra Avenue Fontana, CA Attention: Noel Castillo b. Payments: Any payments provided for in this Agreement shall be forwarded to the addresses below. To SCE: Southern California Edison Company P.O. Box 800 Rosemead, California Attention: Accounts Receivable Page 7 of 12 Transmission Project Management Revision Page Date: 111 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

112 To City of Fontana: 8353 Sierra Avenue Fontana, CA Attention: Noel Castillo 14. TERMINATION a. Applicant s Right to Terminate Agreement. The Applicant shall have the right to terminate this Agreement at any time upon written notice to SCE. If this Agreement is terminated by the Applicant, the Applicant shall be responsible to SCE for all costs and expenses actually incurred by SCE in connection with SCE s preparation of the Relocation Plans, performance of the Relocation Work, and any other actionsactivities under this Agreement, notwithstanding the cost allocation provisions in Section 5, above. Additionally, Applicant shall be responsible for any additional costs and expenses incurred by SCE as a result of the termination, including but not limited to, restoring the SCE Facilities to a permanent operational state; all costs for equipment andor materials; and all costs or expenses related to the cancellation of contracts, purchase orders, or other commitments or agreements entered into up to and including the date of the notice of termination, between SCE and all parties furnishing labor, materials, and services in connection with this Agreement. SCE shall prepare and deliver to the Applicant an invoice that describesidentifies the costs and expenses thus incurred by SCE. Within 30 days following SCE s delivery of said invoice, the Applicant shall pay to SCE the amounts specified in the invoice. b. Termination Due to Applicant s Default. If the Applicant is in default of any of the terms, provisions, conditions, limitations and covenants of this Agreement, SCE may give the Applicant written notice of default ( Default Notice ). If the Applicant does not cure such default within the time specified in the Default Notice, SCE has the right, but not the obligation, to terminate this Agreement upon 30 days written notice to the Applicant (or such lesser time as may be appropriate under the circumstances). Except as otherwise provided, should SCE exercise such right of termination, SCE shall be entitled to payment for all costs and expenses for materials, services, labor, overhead, and any other expenses related to the performance of this Agreement thus incurred by SCE, up to and including the date of termination, notwithstanding the cost allocation provisions in Section 5, above. SCE shall also be entitled to payment for all costs and expenses required to effect the termination of this Agreement, including but not limited to: all costs and expenses pertaining to the restoration of the SCE Facilities to a permanent operational state; all costs for equipment andor materials; and all costs and expenses related to the cancellation of contracts, purchase orders, commitments or other agreements entered into up to and including the date of the notice of termination, between SCE and all parties furnishing labor, materials, and services in connection with this Agreement. SCE shall prepare and deliver to the Applicant an invoice that describesidentifies the costs and expenses thus incurred by SCE. Within 30 days following SCE s delivery of said invoice, the Applicant shall pay to SCE the amounts specified in the invoice. 15. JURISDICTION OF PUBLIC UTILITIES COMMISSION This Agreement shall at all times be subject to such changes or modifications as the California Public Utilities Commission may, from time to time, direct in the exercise of its jurisdiction pursuant to the authority conferred upon it by law. 16. AMENDMENTS Page 8 of 12 Transmission Project Management Revision Page Date: 112 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

113 The provisions of this Agreement shall not be altered or amended by any representations or promises of any Party unless consented to in a writing executed by all Parties. 17. GOVERNING LAW This Agreement shall be subject to and construed according to the laws of the State of California. 18. HEADINGS The captions and headings used in this Agreement are strictly for convenience and are not intended to and shall not affect the Parties rights and obligations, or the construction or interpretation of this Agreement. 19. THIRD PARTY BENEFICIARIES Nothing herein is intended to create any third party benefit. 20. NO AGENCY, PARTNERSHIP OR JOINT VENTURE Nothing contained herein shall be deemed or construed as creating the relationship of principal and agent or of partnership or of joint venture by and between the Parties hereto. 21. WAIVER No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by any Party of any provision under this Agreement shall be effective unless in writing and signed by such Party, and no waiver shall affect any default other than the default specified in the waiver and then said waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same. 22. DUPLICATE ORIGINALS AND ELECTRONIC SIGNATURES This Agreement may be executed in duplicate originals, each of which, when so executed and delivered, shall be an original but such counterparts shall together constitute one instrument and agreement. The exchange of copies of this Agreement and of signature pages by facsimile transmission, Portable Document Format (i.e., PDF) or by other electronic means constitutes effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. This Agreement may be executed by way of an electronic signature, in which case, said electronic signature shall have the same force and effect as a written signature. IN WITNESS WHEREOF, this Agreement and each and every term herein is agreed to by and between the undersigned. DATED: City of Fontana, a(n) BY: Page 9 of 12 Transmission Project Management Revision Page Date: 113 of 288 Rule 20C Applicant to Install DuctsSubstructures May 3, 2018

114 Page 114 of 288

115 EXHIBIT A Description of the Project Location [See Attached] Page 11 of 12 Transmission Project Management Revision Date: Rule 20C Applicant to Install DuctsSubstructures May 3, 2018 Page 115 of 288

116 EXHIBIT B APPROVED RELOCATION PLANS [See Attached] Page 12 of 12 Transmission Project Management Revision Date: Rule 20C Applicant to Install DuctsSubstructures May 3, 2018 Page 116 of 288

117 Marlen Casas Project Manager Transmission Project Management May 2, 2018 Noel Castillo City of Fontana 8353 Sierra Avenue Fontana, CA Subject: Approval of Southern California Edison Company s DISTRIBUTION Relocation Plan(s) Project Location: Foothill Blvd, Oleander Ave to Cypress Ave, Fontana Project ID # 1596 Dear Noel Castillo: Attached please find Southern California Edison Company s ( SCE ) plan of relocation of SCE s Distribution facilities for the City of Fontana street improvement project located at Foothill Blvd, Oleander Ave to Cypress Ave, Fontana (hereinafter the Project ). Please acknowledge receipt of the following drawings by signing and returning a copy of this letter no later than May 29, 2018: Distribution Final Design _0.0, Sheets 1-3 By signing this letter below and (if applicable) signature block on work order map(s), you certify that you have reviewed the attached drawings, which depict SCE s relocation plan for its Distribution facilities, and that said plans do not present any conflicts with your development plans for the Project, nor do they conflict with other non-sce utilities that are located, or will be located, in the Project area. If it is later determined that SCE s relocation plans, as depicted in the attached drawings, conflict with your development plans or with other non-sce utilities within the Project, you agree to be responsible for any costs incurred by SCE to remedy such conflicts. You also recognize that any redesign undertaken to resolve such conflicts will cause project delays. I will be managing your project; therefore, if I may be of assistance to you, please do not hesitate to call me at Please notify me immediately if the project is delayed, canceled, or if there are changes in building plans, work schedules or completion dates. Please return a countersigned copy of this letter to me at the following address: 300 N. Pepper Avenue, Bldg. B, Rialto, CA N. Pepper Avenue, Bldg B Fontana, CA Revision Date: Marlen.casas@sce.com Page 1 Page 117 March of

118 Marlen Casas Project Manager Transmission Project Management Sincerely, Manager signing on behalf of Marlen Casas Project Manager Transmission Project Management I have read and understood the above letter agreement, and acknowledge and agree to the terms herein as an authorized representative of City of Fontana. By: Applicant Signature Print Name Date: Title: Enclosure cc: Leonor Loera Project File 300 N. Pepper Avenue, Bldg B Fontana, CA Revision Date: Marlen.casas@sce.com Page 2 Page 118 March of

119 Page 119 of 288

120 Page 120 of 288

121 Page 121 of 288

122 ACTION REPORT August 28, 2018 FROM: Department of Public Works SUBJECT: Authorize a Contract with Corona Clay as a Single Source Vendor of "Angel Mix" Baseball and Softball Infield Soil Mix RECOMMENDATION: Authorize the City Manager to enter into a two (2) year contract with Corona Clay, with (3) three one year extensions at the sole discretion of the City. COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure. DISCUSSION: Each year the Parks Division renovates 34 ball fields and 2 tracks using "Angel Mix", an infield soil mix for baseball and softball fields consisting of forty percent clay and sixty percent brick dust. This material is used to maintain the City's baseball and softball infields in a safe and usable condition. Corona Clay is the manufacturer of this material in the local area and buying direct from the manufacturer will realize a savings to the City. FISCAL IMPACT: Funds have been budgeted in the current Fiscal Year Operating Budget specifically in the General Fund 101 Budget unit (Parks Maintenance) and various Special District Funds. The total annual expenditures for this is estimated at $24,000. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: Page 122 of 288

123 ATTACHMENTS: Description: Corona Clay Type: Backup Material ITEM: CC-I Page 123 of 288

124 Page 124 of 288

125 ACTION REPORT August 28, 2018 FROM: Department of Public Works SUBJECT: Award Bid for Energy Engineering Services, SP-30-PW-18 RECOMMENDATION: Approve and award bid with Opterra Energy Services and TRC Engineers Inc., to provide Energy Engineering Services (SP-30-PW-18) for a period of two (2) years, renewable for three one (1) year increments at the sole discretion of the City. COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure. * To preserve the local environment for generations to come and to create a healthy economic and environmental future by committing to conservation and efficiency in city buildings and equipment. * To preserve the local environment for generations to come and to create a healthy economic and environmental future through outreach to businesses and residents to promote energy efficiency in the community. DISCUSSION: The Public Works Department recently solicited bids seeking a qualified firm(s) to provide energy engineering services on an on-call basis. The scope of work includes all services that evaluate, design, construct, andor manage distributed generation facilities and grid islands, energy efficiency measures and programs, and alternative and renewable energy facilities and renewable energy credits (RECs). These would be on-call contracts to help analyze and develop shelf-ready projects to take advantage of any grant or rebate programs that may become available. In accordance with the City's purchasing policies, Staff has completed the formal bid process for Energy Engineering Services. One hundred five (105) vendors were notified of the RFP. Proposal packets were downloadedreceived by twenty-seven (27) vendors and we received six (6) responses. One (1) Fontana vendor was notified and no Fontana vendor responses were received. A selection committee evaluated the written proposals based upon criteria specified in the proposal packet. After evaluating the vendor responses, the City's Evaluation Committee is recommending Opterra Energy Services (Riverside, CA) and TRC Engineers, Inc. (Irvine, CA) for the award of contract as they are the most responsive and responsible bidders. The Purchasing Office has reviewed this process and concurs with the recommendations. FISCAL IMPACT: Page 125 of 288

126 Funds are available in the FY budget in Facilities Fund #103, MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: ATTACHMENTS: Description: Scoring Matrix Project Report Type: Backup Material Backup Material ITEM: CC-J Page 126 of 288

127 SP-30-PW-18 Evaluations Firms Total Score TRC Engineers, Inc. Irvine, CA Opterra Energy Services Riverside, CA Newcomb Anderson McCormick Los Angeles, CA KW Engineering, Inc. Long Beach, CA P2S Engineering, Inc. Long Beach, CA Fractal Energy Storage Consultants Austin, TX 98% 95% 76% 75% 64% 60% Page 127 of 288

128 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page 1 Printed Bid Detail Bid Information Project Title Energy Engineering Services Invitation No. SP-30-PW-18 Bid Posting Date November 22,2017 5:00PM (Pacific) Project Stage Closed Bid Due Date December 14,2017 2:00PM (Pacific) Response Fonnat Electronic only Link to Project on Public Site Reference ID Project Type RFP (Request For Proposal) Response Types Cost File, Response File, General Attachments, Subcontractors Type of Award Lump Sum License Requirements Categories Energy Management - Architectural Energy Conservation Services (lnduding Audits) Energy Conservation Consulting Department Purchasing Address 8353 Sierra Ave, Fontana, California County San Bernardino Bid Valid Liquidated Damages Target Bid Amount $0.00 Estimated Bid Value StartDelivery Date Project Duration 2 year contract with the option for 3 one-year renewals at the City's sole discretion Prevailing Wage No Cooperative Bid No Piggy-backable No ebid Notes Preferences Restriction Type None Restricted To Bid Bond Information Bid 0.0% Perfonnance 0.0% Payment 0.0% Pre-Bid Meeting Information Online Q&A Contact Information Pre-Bid Meeting No Online Q&A Yes Q&A Cutoff Date December 9, :00PM (Pacific) Contact Info Ticha Loera tloera@fontana.org Bids to Owner's Agent PlanetBids, Inc. Page 128 of 288

129 City of Fontana Page2 Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Printed Bid Detail Description Scope of Services The Public Works Department is seeking a qualified firm(s) to provide energy engineering and evaluation services on an on-call basis. The Department recognizes that potential firms interested in providing the consulting services will vary in size and specialties. The Department is seeking to enter into an agreement with the firm most qualified and provide the best value to the City. The term of the contract is for a period of two (2) years and possible three 1-yearextensions. At. its sole discretion, the City may contract with more than one firm. The scope of work includes all services that evaluate, design, construct, andor manage distributed generation facilities and grid islands, energy efficiency measures and programs, and alternative and renewable energy facilities and renewable energy a-edits (RECs). Consultants must possess experience, formal training, andor certification in one or more of the following areas of expertise: Distributed Generation -ability to evaluate, research, and prepare reports on a variety of energy supply scenarios and energy technologies for a distributed generation network that may include a large proportion of renewable energy resources and may be an isolated grid island. Consultant must also be able to prepare a request for proposal (RFP) for, and assist in the selection of, an independent power producer to own andor manage a distributed generation network. Experience in the following is preferred: o Design, maintenance, or construction of large scale utility infrastructure o Permitting process for new power sources o Management of power generation, transmission, and distribution o Design and management of renewablegreen energy resources o Resource planning, load calculations, and load aggregation o Working with appropriate regulatory agencies, utility companies, california Public Utility Commissions (CPUC), California Environmental Protection Agency, South Coast Air Quality Management District (AQMD), and any other local, state, and federal government agencies with jurisdiction. Energy Efficiency - ability to evaluate, research, and recommend a variety of energy efficiency measures for new and existing buildings and be able to set up and manage programs to effect the most viable measures. Services could include, but are not limited to, evaluation and implementation of energy efficiency programs for existing residences, small businesses, apartments, low-income housing and government facilities. A thorough knowledge of current regional utility energy efficiency programs, other available sources of funding, and local case studies is desired. The Consultant may assist the City in compiling energy use data for existing City facilities and estimating proposed energy use for proposed facilities to indude in any report designed to measure progress toward energy efficiency goals. Renewable Energy- ability to prepare analysis of a given use (i.e. park facility, playground, affordable housing, etc.) and propose, complete with financial calculations, suitable renewable energy choices, including, but not limited to, solar heating, photovoltaics, wind power and geothermal power. Knowledge of, and experience in, the buying and selling of renewable energy a-edits. Benchmarking - experience in evaluating the building's energy data to establish benchmarking to achieve energy savings. Other Details Questions and comments regarding this solicitation must be submitted in writing, no later than five (5) days before the Submittal Deadline. Such submission, if any, must be sent using the bids online system at "Questions and Answer" tab NO LATER THAN FIVE (5) days prior to the due date of the bids. Answers, if any, made by the City will be answered using the bids online system. Notes Local Programs & Policies Special Notices Downloadable Files File Title Bid Specifications - Energy Engineering Services SP-30-PW-18 Download File Fee $0.00 File Name Bid Specifications - Energy Engineering Services SP-30-PW-18.pdf File Size kb On Server On Server Uploaded Date Visible No Hard Copy Plans TltleiDescrlptlon Receive From Plan Fee Mailing Fee Refund PlanetBids, Inc. Page 129 of 288

130 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page3 Printed Vendor Notifications 105 vendors notified Notified Vendors on November 22, 2017 Using Criteria Category: Energy Management - Architectural Energy Conservation Services {Including Audits) Energy Conservation Consulting 3QC (126185) 695 Dove Street, 3rd Floor Newport Beach, CA United States A2Z Engineering Inc. (435056) 1618 E Diana Ave Anaheim, CA United States ABM ELECTRICAL POWER SERVICES (402569) 720 ROCHESTER STREET ONTARIO, CA United States ABM Energy Solutions (376299) 3585 CoporateCourt San Diego, CA United States AIM Consulting Services (472645) Valley Blvd. #206 El Monte, CA United States Air-Ex Air Conditioning, Inc. (66209) 157 Gentry st. Pomona, CA United States All Green Lighting Inc (428987) Industry St Garden Grove, CA United States Allison Mechanical, Inc. {36572) 1968 Essex Ct. Redlands, CA United States Alternative energy Systems Consulting (21699) 1 South Fair Oaks Ave., Ste. 201 Pasadena, CA United States American Electric Supply (430770) 361 S Maple Street Corona, CA United States ANTARES Group Inc. (160171) P.O. Box 5020 Santa Rosa, CA United States Antea Group, USA {160060) 911 S Primrose Ave Suite K Monrovia, CA United States Contact: Teri Becker Phone: Fax: tbecker@3qcinc.com Contact: Alaazewila Phone: Fax: al.zewila@a2zengineering.com Contact: ANITA FLORES Phone:9~ ~ Fax: ANITA.FLORES@ABM.COM Contact: Harvey Katzen Phone: Fax: harvey.katzen@abm.com Contact: ScottBurkett Phone: Fax: sburkett@aimcsworld.com Contact: Robert H. Csrder Phone: 9~ Fax: r.carder@air-ex.com Contact: David McCormick Phone: Fax: dmccormick@allgreenlightinginc.com Contact: Bonnie Gordon Phone: Fax: bgordon@allison1.net Contact: Dara Salour Phone: Fax: dsalour@aesc-inc.com Contact: Kathy Mastrianni Phone: Fax: kmastrianni@amelect.com Contact: Anneliese Schmidt Phone: Fax: aschmidt@antares.org Contact: Kenneth Thomas Phone: Fax: ken.thomas@anteagroup.com MIC OSB OSB,CADIR OSB PlanetBids, Inc. Page 130 of 288

131 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page4 Printed Vendor Notifications ARCADIS-US {124454) 264 S. Leland Norton Way Ste. B-190 San Bernardino, CA United States Avail Engineering (353058) 591 E Valley Blvd Colton, CA United States BASE Energy, Inc. (21843) 5 Third Street, Suite 630 San Francisco, CA United States Blrdl And Assoclates,lnc (215332) 265 N Eudid Ave Suite203 Pasadena, CA United States Borrego Solar Systems, Inc. (312835) 5005 Texas Street Suite 400 San Diego, CA United States Brtdgntone Associates, Ltd. {21912) P.O. Box 1299 Chadds Ford, PA United States Bureau Veritas (21928) West Bernardo Court Suite 100 San Diego, CA United States Bums & McDonnell Engineering Company, Inc. (128627) 140 S. State College Blvd. Suite 100 Brea, CA United States Calpo Hom & Dong Architects, Inc. (308791) oth Street, Suite One Sacramento, CA United States Card no GS, Inc. (438431) 514 Via De La Valle Suite 308 Solana Beach, CA United States Center for Sustainable Energy (349307) 9325 Sky Park ct., Suite 1 00 San Diego, CA United States Clraml Graphics (392983) 760 Colorado Ave. South Lake Tahoe, CA United States CMTS (124764) 5777 W. Century Bl. Suite 1105 Los Angeles, CA United States Contact: Ulia Loschiavo Phone: Fax: ulia.loschiavo@arcadisus.com Contact: Gerald M. Bray Phone: Fax: mbrey@availengineering.com Contact: Ahmad Ganji Phone: Fax:- Emall: arg@baseco.com Contact: TinaSingh Phone: Fax: tsingh@birdi-inc.com Contact: Cameron Thome Phone: Fax:888~3~778 cthome@borregosolar.com Contact: Martin Anderson Phone: Fax:- solutions@brdgstn.com Contact: Sara Rhodes Phone: Fax:- Emall: sara.rhodes@us. bureauveritas.com Contact: Krystn Gull Phone: Fax: socalmarketing@bumsmcd.com Contact: Alan Hom Phone: Fax: ~57 info@chdarchitects.com Contact: JasonStrayer Phone: 858, Fax: jason.strayer@cardnogs.com Contact: Heather Shepard Phone: Fax: csedev@energycenter.org Contact: Alana Cirami Phone: Fax: arctxt@gmail.com Contact: George Castillo, PE Phone: Fax: gcastillo@cmtsinc.com MBE OSB,MBE DBE,MBE PlanetBids, Inc. Page 131 of 288

132 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page5 Printed Vendor Notifications Complete Door & Trim (22126) 728 Indigo Street Beaumont, CA United States CSG Consultants, Inc. (228372) 1177 Idaho street, #1 02 Redlands, CA United States dba Peter Baumstartl: (376251) PO Box6318 Aubum, CA United States Design West Engineering (22266) 275 W. Hospitality Lane Suite 100 San Bemardino, CA United States Digital Energy, Inc. (493460) 128 Aubum Crt. Suite 106 Westlake Village, CA United States Dollnka Group, LLC ( ) 20 Pacifica, Suite 900 Irvine, CA United States E2 Environmental Servic:es, Inc. (22332) Barranca Parkway, Suite B-202 Irvine, CA United States Eaton Corporation (22341) 1520 S. Bridgegate Dr. Diamond Bar, CA United States Ecology Action of Santa Cruz (247976) 877 Cedar Street, Ste. 240 Santa Cruz, CA United States EDeslgnC Incorporated (22362) 760 Market Street Suite 338 San Francisco, CA United States EG Valfortore, Inc. (22368) PO Box3742 Fontana, CA United States Elecb1cal Design Lighting, Inc. (297881) Stephenson St Moreno Valley, CA United States Elecb1cal Deslng, Inc. Consulting Engineers (227562) 9565 Waples Street, Suite 205 San Diego, CA United States Energy Management Systems Inc (211483) 600 South Grand Avenue Suite 106 Santa Ana, CA United States Contact: Jason Fox Phone: Fax: completedoorandtrim@yahoo.com Contact: Khoa Duong Phone:9~3~230 Fax: bid_notifications@csgengr.com Contact: Peter Baumstark Phone: Fax: pbaumstark@sbcglobal.net Contact: JEREMY RICHARD Phone:9~8~3700 Fax:909~ jrichard@designwesteng.com Contact: JairamAgaram Phone: Fax: bmclaren@digitalenergy.com Contact: Benjamin Dolinka Phone:94~2~8300 Fax: ~301 info@dolinkagroup.com Contact: Karin Lotz Phone: Fax: klotz@e2env.com Contact: Albert Gutierrez Phone: 9~86~8265 Fax:- albertgutierrez@eaton.com Contact: Colin Clark Phone: Fax: bizdev@ecoact.org Contact: Rosanna Lerma Phone: Fax: rosanna@edesignc.com Contact: Anthony J. Kendallli Phone: Fax:- Emall: egv.akendall@gmail.com Contact: Balmorey Mejia Phone: Fax: edlmejia@yahoo.com Contact: Emi David Phone: ~8747ext. 103 Fax:858~69~750 emi@edi-engineers.com Contact: Jon Chaffee Phone: Fax: jon@btenow.com PlanetBids, Inc. S-3,0SB OSB OSB WBE OSB,DBE,MBE,CADI R,MIC Page 132 of 288

133 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page6 Printed Vendor Notifications EnerNOC (22404) 10 Corporate Part Suite 120 Irvine, CA United States Enovlty, Inc. (22409) Bardeen Avenue Suite 100 Irvine, CA United States ENVIRON INTERNATIONAL CORP(22417) 773 San Marin Drive, Suite 2115 Novato, CA United States Environmental Systems Research Institute (22426) 380 New York Street Redlands, CA United States Facility Solutions Group (22463) 801 Richfield Road Placentia, CA United States Facility Strategies Group, LLC (22464) 1012 Market Street, Suite 307 Fort Mill, SC United States FORMA Design, Inc. (519696) 3050 Pullman Street Costa Mesa, CA United States GDS Associates, Inc. {22550) 1850 Parkway Place Suite 800 Marietta, GA United States General Electrtc (384223) 3601 W. La Palma Ave Anaheim, CA United States Gexpro (22562) 500 S Kraemer Blvd Suite 100 Brea, CA United States GFM Business Solutions (313206) Arrrm Rte Unit 2932 Rancho Cucamonga, CA United States Good Energy, LP (372846) 232 Madison Avenue 3rd Floor New York, NY United States GreenBidNet.com (28538) PO BOX7336 North Port, FL United States Contact: Rebecca Busterud Phone: Fax:- rbusterud@enemoc.com Contact: Justin Nagy Phone: Fax:- JNagy@enovity.com Contact: Christine Kraemer Phone: Fax: rfpnotifications@environcorp.com Contact: Amy Wynne Phone: ext Fax: bids@esri.com Contact: Jared Johnson Phone: Fax:- Emall: jared.johnson@fsgi.com Contact: Matt Pesce Phone: Fax:- mpesce@fstrategies.com Contact: VanStephens Phone: Fax: info@formacompanies.com Contact: Kaytie Ruditys Phone: Fax: kaytie.ruditys@gdsassociates.com Contact: John Dunn Phone: Fax: john.dunn@ge.com Contact: Tony Bertagnoli Phone: Fax:- anthony. bertagnoli@gexpro.com Contact: Mina Carrie Phone: Fax: mina@mygfmservices.com Contact: Tom Leigh Phone: Fax: tom@goodenergy.com Contact: Bid Management Phone: Fax: califomia@greenbidnet.com OSB OSB,DBE,FON,MBE, MIC,WBE PlanetBids, Inc. Page 133 of 288

134 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page7 Printed Vendor Notifications HelloPower, Inc {302677) Jefferson Ave Murrieta, CA United States Hinrichs, Proudfoot and Skov Inc (304483) 65 Centennial Loop, Suite B Eugene, OR United States HomeServe USA Corp (403926) 601 Merritt 7 6th Fl Norwalk, CT United States Honeywell (447421) 22 Centerpoint& Avenue Suite 100 La Palma, CA United States Honeywell (73733) 22 Centerpointe Dr. La Palma, CA United States IDModellng,lnc (235967) 55 E. Huntington Dr. Ste 130 Arcadia, CA United States llkyung, Inc. (181734) 1501 E. Orangethorpe Ave. #140 Fullerton, CA United States IMEG Corporation (23952) 901 Via Piemonte Suite 400 Ontario, CA United States IMS (22762) 945 Homblend Street, Ste G San Diego, CA United States Kenneth Park Architects (494336) 931 N. Cole Avenue Los Angeles, CA United States Klelnfelder West, Inc. (22914) Business Park Dr., #103 Temecula, CA United States Langan Engineering and Environmental Services Inc. {396762) 32 Executive Park Suite 130 Irvine, CA United States LINC Housing (469157) 555 E. Ocean Boulevard Suite 900 Long Beach, CA United States Contact: ThomasMillhoff Phone: Fax: BidDesk@HelioPower.com Contact: Josh Proudfoot Phone: ext. 213 Fax: requests@goodcompany.com Contact: J Martelino Phone:2~ Fax: businessdevelopment@homeserveu sa.com Contact: SteveWenger Phone: Fax: steve.wenger@honeywell.com Contact: Tyrone Carter Phone: Fax: tyrone.carter@honeywell.com Contact: Dave Twichell Phone:62~ Fax: davetwichell@idmodeling.com Contact: Seong Jeong Phone: Fax: seong@ilkyung.com Contact: Leilani Doherty Phone: Fax: ~916 leilani.l.doherty@imegcorp.com Contact: Northam CA Region Phone: Fax:- Emall: Contact: Natalie J. Park, Darch Phone: ext.118 Fax: npark@kennethpark.com Contact: Lisa Bastian Phone: 951-5~1488 Fax: lbastian@kleinfelder.com Contact: Katie Nilmeier Phone: ext Fax: carfps@langan.com Contact: Will Sager Phone: Fax: 562~ wsager@linchousing.org DBE,MBE MBE PlanetBids, Inc. Page 134 of 288

135 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) PageS Printed Vendor Notifications MaxGen Energy Services (506340) 1690 Scenic Ave Costa Mesa, CA United States McKinstry Essentlon Inc (23089) 4Jenner Irvine, CA United States MIG (254529) 800 Hearst avenue Berkeley, CA United States MONTROSE ENVIRONMENTAL(537999) 1 PARK PLAZA, SUITE 1000 IRVINE, CA United States MSW Consultants (23175) Ynez Road, Suite 259 Temecula, CA United States Natural Power and Energy (376277) 8700 E. Via de Ventura #280 Scottsdale, AZ United States Nexant, Inc. (23227) 701 W. Kimberly Suite 245 Placentia, CA United States Opterra Energy Services {356599) 150 Colorado Blvd. Pasadena, CA United States Owen Group (281354) 220 Technology Dr. Suite 100 Irvine, CA United States P.S SERVICES INC., (23306) 2820 E GRETTA LANE ANAHEIM, CA United States Pacific Municipal Consultants dba PMC (23319) 2729 Prospect Park Drive Suite 220 Rancho Cordova, CA United States PaclflcWest Energy Solutions, Inc (361269) 561 Keystone Avenue #300 Reno, NV United States Proscap Engineering & Energy Group (23444) Odyssey Way Corona, CA United States Contact: JamesTillman Phone: Fax: jtillman@maxgenservices.com Contact: Lee Overvold Phone: Fax: leeo@mckinstry.com Contact: SerenaSidmore Phone: Fax:510~5~750 marketing.mig@gmail.com Contact: CHRISCARSON Phone: Fax: GWP@ES-ONLINE.COM Contact: DAVID DAVIS Phone: Fax: dave@msw-consultants.com Contact: Matt Shannon Phone: Fax: matt@naturalpowerandenergy.com Contact: Nancy Davison Phone:71~ Fax:714~ ndavison@nexant.com Contact: Luke Phone: Fax: lnolan@opterraenergy.com Contact: Eric Malone Phone: Fax:959~ info@owengroup.com Contact: Laurence P. Hawkins Phone: 71~ Fax: Lhawkins@psserv.com Contact: Mark Teague Phone: Fax: proposal@pmcworid.com Contact: Norma Evans Phone: ~3210 Fax: nevans@pacwestes.com Contact: BERNARD ADEBAYO IGE, P.E. Phone: Fax:- Emall: badebayo-ige@p2eg.com CADIR OSB,MBE MBE PlanetBids, Inc. Page 135 of 288

136 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page9 Printed Vendor Notifications Resource Consultants, Inc. {23546) PO Box212 Williams, OR United States RMS Energy Consulting, LLC (276235) P.O. Box 2301 Rancho Cucamonga, CA United States Robert Borders & Associates (128176) 5030 Campus Drive Newport Beach, CA United States Robert Stewart Architects (392389) 238 W. Main Street Suite 202 Tustin, CA United States Rose & Kindel (23593) 900 Wilshire Blvd Suite Los Angeles, CA United States Roy Jorgensen Associates, Inc. (23601) 1370 Reynolds Ave. Suite 119 IRVINE, CA United States Salas O'Brien (23632) 305 South 11th Street San Jose, CA United States simply social {390934) th S1reet Sacramento, CA United States Solar Pacific Energy (23733) 2522 Chambers Road Tustin, CA United States SourceOne, Inc. (DE) (23744) 1370 Valley Vista Dr. Suite 100 Diamond Bar, CA United States stout & Burg Electric, Inc. (226249) Redhill Ave. Suite C Tustin, CA United States T -Squared Professional Engineers (128272) 1340 Specialty Drive, Suite E Vista, CA United States Contact: Elizabeth McNannay Phone: Fax:- elizabeth@resourceconsultants.org Contact: Rocaciano Vega Phone:9~3~0852 Fax: rmsenergyconsulting@gmail.com Contact: Loren DellaMama Phone: Fax: loren_dellamama@bordersarchitect s.com Contact: Robert Stewart Phone: Fax: bob@robertstewartarchitects.com Contact: PaulinaVelasco Phone: Fax: pvelasco@rosekindel.com Contact: Tiffany Slattery Phone: {949) Fax: (949) tiffany_slattery@royjorgensen.com Contact: Jamie Bonner Phone: Fax: Marketing CALOPS@salasobrien.com Contact: Trish Porter Phone: Fax: trishporter@simplysocialsacramento. com Contact: Randy Walker Phone: Fax: randy@solarpacificenergy.com Contact: Irving Silverman, Director Energy Servic Phone: 9~ Fax: isilverman@s1inc.com Contact: Scott Robinson Phone: Fax: scott.robinson@sbeoc.com Contact: Misty DuPre Phone: ext. 108 Fax: mdupre@tsqeng.com OSB PlanetBids, Inc. Page 136 of 288

137 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page 10 Printed Vendor Notifications tammy edmonds DESIGN, INC. (400285) 1330 Factory Place, Building D Los Angeles, CA United States Terrax Environmental, Inc. (373097) 4952 Warner Avenue Suite 242 Huntington Beach, CA United States Tierra Resoun:e Consultants (377991) 1200 Nt Diable Blvd Ste 208 Walnut Creek, CA United States Titan Solar Company (316009) 6711 Valjean Avenue Van Nuys, CA United States TSK, Inc. (293427) 888 S. Figueroa Street, Suite 2020 Los Angeles, CA United States TTG Schwab (24004) 320 North Halstead Street Suite 120 Pasadena, CA United States Utility Systems Science & Software, Inc. (214714) 601 Parkcenter Dr. #209 Santa Ana, CA United States Westover Controls Corporation (24162) 2627 N. Ontario Street Burbank, CA United States WorleyParsons (24199) 222 E. Huntington Drive Monrovia, CA United States WorleyParsons Group Inc. (24200} 3901 Via Oro Avenue Suite 100 Long Beach, CA United States Yang Management, Inc. (24205) 2501 West Burbank Blvd. Suite 207 Burbank, CA United States ZGLOBAL (575893) 604 Sutter Street Suite 250 Folsom, CA United States Contact: Tammy Edmonds Phone: Fax: marketing@tammyedmondsdesign.c om Contact: EricRoachell Phone: Fax: ericr@terraxenv.com Contact: Floyd Keneipp Phone: Fax: ftoyd.keneipp@tierrarc.com Contact: ErinChapman Phone: (866) Fax: echapman@titansolarco.com Contact: Simon Ha Phone: Fax: sha@tska.com Contact: Joseph Fong Phone: Fax:- jfong@ttgschwab.com Contact: Mark Serres Phone: Fax: uscubed@gmail.com Contact: Ron Constantino Phone: Fax: ronc@westover-usa.com Contact: MarioBrunasso Phone: Fax: Mario.Brunasso@worleyparsons.co m Contact: Erica Waddell Phone: Fax: Erica.Waddell@worteyparsons.com Contact: Esther Yang Shaw Phone: ext. 383 Fax: Esther.Shaw@yminc.net Contact: Melissa Vaa Phone: Fax: melissa@zglobal.biz OSB,DBE,MBE,MIC, WBE OSB OSB OSB MBE,CADIR NON OSB,MBE Notified Vendors on December 11, 2017 Using Criteria Category: Energy Management - Architectural Energy Conservation Services (Including Audits) Energy Conservation Consulting PlanetBids, Inc. Page 137 of 288

138 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page 11 Printed Vendor Notifications Using Criteria OJI CALIFCO CONSORTIUM, INC. (579274) 675 NORTH FIRST STREET, SUITE 550 SAN JOSE, CA United States Panache Engineering Inc. (579249) 150 N. Santa Anita Ave, Suite 300 Arcadia, CA United States TRC Engineers, Inc. (578047) th Street, Suite Oakland, CA United States Contact: Chiedozie Augustus Ajawara Phone: Fax: aajawara@ojiglobal.com Contact: Mohsen Elattar Phone: Fax: info@panacheg.com Contact: Andrea Thompson Phone: Fax: effprocurement@trcsolutions. com MBE,WBE PlanetBids, Inc. Page 138 of 288

139 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page 12 Printed Prospective Bidders 27 Prospective Bidders Vendor Construction Bldboard El Camino Real Suite 100 San Diego, CA United States RMS Energy Consulting, LLC Benton Road, Suite C Winchester, CA United States L&LSupplles Crestview Drive Columbus, OH United States Construction Bid Source 6265 Hwy9 Felton, CA United States Engle 1420 Iowa, Suite 210 Riverside, CA United States AGC Plan Room 6212 Ferris Square San Diego, CA United States ConstructCon nect 28 N Clark Ste 450 Chicago, IL United States Envirobidnet.com an Entram Corp Peachland Blvd. C4 PMB 310 Port Charlotte, FL United States Prime Vendor Inc Cedar Ave, Bldg 5,#123 Wilmington, NC United States Skybrldge Renewables 1407 N. Batavia St. Suite 118 Orange, CA United States CLEAResult Consulting Inc. 600 Wilshire Blvd, Suite 202 Los Angeles, CA United States AESC 5927 Balfour ct. #213 Garlsbad, CA United States Onvla,lnc iveWay Suite 400 Seattle, WA United States Opterra Energy Services 150 Colorado Blvd. Pasadena, CA United States The Code Group, Inc W Orangewood Ave Suite 210 Orange, CA United States Contact Contact: Nathaniel Malerk Phone:8~7~5314 Fax: planroom@ebidboard.com Contact: Martin Vu Phone: ~159 Fax: mvu@rmsenergyconsulting.com Contact: Scott Walker Phone: Fax: swalker8585@gmail.com Contact: Martha Lantz Phone: Fax: martie@construclionbidsource.com Contact: crista curtis Phone: Fax: ccurtis@opterraenergy.com Contact: Plan Room Phone: Fax: planroom@agcsd.org Contact: Jim Rittenhouse Phone: 8n Fax: Content@constructconnect.com Contact: JENNIFER BARNES Phone: Fax: sayres628@gmail.com Contact: Bid Clerk Phone: Fax: shanti@prime-vendor.com Contact: Paul Carey Phone: Fax: paul@skybridgerenewables.com Contact: Nick Brod Phone: Fax: CLEAResult_BD@clearesult.com Contact: Karen Leifheit Phone: ()t:xt. 0 Fax: kleifheit@aesc-inc.com Contact: Source Management Phone: Fax: sourcemgmt@onvia.net Contact: Luke Phone: 626-3n-4799 Fax: lnolan@opterraenergy.com Contact: Janet Boydell Phone: e:xt. 505 Fax: jboydell@vcacode.com PlanetBids, Inc. Vendor Type OSB CADIR Pre-Bid Page 139 of 288 Status Non-Bidder, receive communicati ons Bidder Bidder Non-Bidder, no communicati ons Bidder Non-Bidder, receive communicati ons Bidder Bidder Bidder Bidder Non-Bidder, receive communicati ons Non-Bidder, receive communicati ons Bidder Bidder Bidder

140 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page 13 Printed Prospective Bidders The Cadmus Group 100 5th Avenue Waltham, MA United States Contact: Jillian DeSimone Phone: ext Fax: jillian.desimone@cadmusgroup.com Bidder P2S Engineering 5000 E Spring St Suite 800 Long Beach, CA United States Contact: Brenda Donnelly Phone: ext. 773 Fax: brenda.donnelly@p2seng.com Bidder Fractal Energy Storage Consultants 8350 Hwy71 Austin, TX United States Converse Consultants Corporate Drive Redlands, CA United States IMS 945 Hornblend Street, Ste G San Diego, CA United States ANT ARES Group Inc Forbes Blvd. Lanham, MD United States ZGLOBAL 604 Sutter Street Suite 250 Folsom, CA United States Newcomb Anderson McCormick, Inc. 201 Mission Street Suite 2000 San Francisco, CA United States Ambient Energy 580 California Street San Francisco, CA United States Contact: Judy McElroy Phone: Fax: judy@fractalba.com Contact: Glenn Daniels Phone: ext. 259 Fax: gdaniels@converseconsultants.com Contact: Northern CA Region Phone: Fax: Contact: Anneliese Schmidt Phone: ext. 704 Fax: aschmidt@antares.org Contact: Melissa Vaa Phone: Fax: melissa@zglobal.biz Contact: Joshua Babcock Phone: ext Fax: joshua_babcock@newcomb.cc Contact: Calle Hewett Phone: ext. 200 Fax: chewett@ambient-e.com Bidder Bidder Bidder Non-Bidder, no communicati ons Bidder Bidder Bidder Trane US Inc E Imperial Highway Brea, CA United States TRC Engineers, Inc th Street, Suite 1020 Oakland, CA United States Contact: Somac Roy Phone: Fax: somac.roy@trane.com Contact: Andrea Thompson Phone: Fax: effprocurement@trcsolutions.com Bidder Bidder kw Engineering 920 Atlantic Ave, Suite 200 Long Beach, CA United States Contact: Antonio Huizar Phone: Fax: bizdev-lb@kw-engineering.com CADIR Bidder Page 140 of 288 PlanetBids, Inc.

141 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14, :00PM (Pacific) Page 14 Printed Q&A Vendor Submit Date Question Answer Release Date Set kw Engineering :51PM (Pacific) On page 1 0 of the RFQ, the 5th bullet point reads "Experience in... but the sentence is incomplete. Could you please confirm if there was an additional requirement of that incomplete bullet point? "Experience in" was a typo. No additional information is needed :33PM (Pacific) 1.1 kw Engineering :51PM (Pacific) On page 11 of the RFQ, in Section A, Part 2, the last sentence reads "Describe what is unique about the firm and how it would serve the needs of the City of Fontana; and, -this appears to be an incomplete sentence. Could you please confirm if there was an additional requirement of the end of that sentence? ";and," is a typo. No additional information is needed :33PM (Pacific) 1.2 kw Engineering :51PM (Pacific) On Page 12 of the RFQ, in Section G, a cost proposal is requested, that must include a current rate schedule for providing on-call design services and other related services. Will it be sufficient to provide a fee schedule, or is a formal budget also being requested? If a formal budget is being requested, is there a more specific scope we can use for budget development purposes? Please provide a Fee Schedule :33PM (Pacific) 1.3 kw Engineering :51PM (Pacific) On Page 12 of the RFQ, in Section G, a Notarized Non-Collusion Affidavit is requested. Would it be acceptable to provide a signed affidavit with the proposal, and a notarized version if our proposal is selected? On Page 12 Section G, states in part the following: Proposer shall submit online a cost proposal that must include a current rate schedule for providing on-call design services and other related services and the Notarized Non-Collusion Affidavit (as requested in the Instructions to Proposers) :33PM (Pacific) 1.4 Delete: Notarized Non-Collusion Affidavit (as requested in the Instructions to Proposers Replace with: Non-Collusion Declaration (as requested in the Instructions to Proposers). Please note that this item does not need to be notarized. Page 141 of 288 PlanetBids, Inc.

142 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page 15 Printed Addenda Addendum Released Addendum Num 1 Addendum Date Relea e Date Title Addendum No 1 De cription To Ali Prospective Bidders: Addendum No 1 : Q and A Set 1 has been released for this project. Sincerely, Attachments No Attachments PlanetBid, Inc. Page 142 of 288

143 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page 16 Printed Bid Results 6 Bid Results Bidder Details Vendor Nama Address Reapondaa Respondee Title Newcomb Anderson McCormick, Inc. 201 Mission Street Suite 2000 San Francisco, CA United States Joshua Babcock Program Manager Phone Ext Vendor Type joshua_babcock@newcomb.cc Bid Detail Bid Format Electronic Submitted December 14, :55:52 AM (Pacific) Delivery Method Upload Bid Responsive Bid Status Submitted Confirmation t Ranking 0 Amount $0.00 Respondee Comment Buyer Comment Attachments File Title City of Fontana Energy Eng Svcs - NAM Proposal (Cost File).pdf City of Fontana Energy Eng Svcs - NAM Proposal.pdf FileName City of Fontana Energy Eng Svcs - NAM Proposal (Cost File).pdf City of Fontana Energy Eng Svcs - NAM Proposal.pdf File Type Cost File Response File Subcontractors Name & Address Desc:ription Lic:ense Num Amount Type PlanetBids, Inc:. Page 143 of 288

144 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page 17 Printed Bid Results Bidder Details Vendor Name kw Engineering Address 920 Atlantic Ave, Suite 200 Long Beach, CA United States Rnpondee Respondee Title Phone Vendor Type Antonio Huizar Principal Ext. bizdev-lb@kw-engineering.com CADIR Bid Detail Bid Format Electronic Submitted December 14, :38:27 PM (Pacific) Delivery Method Planet Bids Bid Responsive Bid Status Submitted Confirmation II Ranking 0 Amount $0.00 Respondee Comment Buyer Comment Attachments File Title kw Engineering Cost Proposal - Energy Services - SP-30- PW-18 kw Engineering SOQ- Energy Services- SP-30-PW-18 kw Engineering Required Forms for Energy Services - SP- 30-PW-18 FileName kw Engineering Cost Proposal - Energy Services - SP-30- PW-18 DEC pdf kw Engineering SOQ- Energy Services- SP-30-PW-18 DEC pdf kw Engineering SOQ - Completed Forms - SP-30-PW-18 DEC pdf File Type Cost File Response File General Attachment Subcontractors Name & Address Sage Renewable Energy Consulting, Inc Fifth Ave San Raphael, CA United States Description Sage Renewables is an independent energy consulting and project management firm located in San Rafael, California. Founded in 2005 and formally incorporated as Sage Renewables in 2009, our certified California small business enterprise (SBE) has consulted on over 300 MW of renewable generation projects and worked with more than 80 California public agencies. License Num Amount Type $0.00 PlanetBids, Inc. Page 144 of 288

145 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page 18 Printed Bid Results Bidder Details Vendor Name Address Rnpondee Respondee Title P2S Engineering 5000 E Spring St Suite 800 Long Beach, CA United States David Klug Project Manager, Mechanical Engineer Phone Ext Vendor Type david.klug@p2seng.com Bid Detail Bid Format Electronic Submitted December 14, :33:42 AM (Pacific) Delivery Method Upload11 :27am Bid Responsive Bid Status Submitted Confirmation II Ranking 0 Amount $0.00 Respondee Comment Thank you for the opportunity to submit the attached Qualifications and Rate Schedule for Energy Engineering Services. We look forward to hearing from you. Buyer Comment Attachments File Title P2S Pricing and Rate Schedule P2S Statement of Qualifications and Proposal Forms FileName P2S Rate Schedule.pdf SOQ_P2S Eng City of Fontana_SP-30-PW-18.pdf File Type Cost File Response File Subcontractors Name & Address Description License Num Amount Type PlanetBids, Inc. Page 145 of 288

146 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page 19 Printed Bid Results Bidder Details Vendor Name Address Rnpondee Respondee Title Phone Vendor Type Opterra Energy Services 150 Colorado Blvd. Pasadena, CA United States Crista Curtis Senior Business Development Manager Ext. ccurtis@opterraenergy.com CADIR Bid Detail Bid Format Electronic Submitted December 14,2017 8:07:46 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation II Ranking 0 Amount $0.00 Respondee Comment Buyer Comment Attachments File Title Cost File ENGlE Services U.S. Response to City of Fontana Energy Engineering Services RFQ FileName Cost File.pdf ENGlE Services US Response to City of Fontana Energy Engineering Services RFQ.pdf File Type Cost File Response File Subcontractors Name & Address Description License Num Amount Type PlanetBids, Inc. Page 146 of 288

147 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page20 Printed Bid Results Bidder Details Vendor Name Fractal Energy Storage Consultants Address 8350 Hwy 71 Austin, TX United Sta1es Rnpondee Respondee Title Phone Vendor Type Judy McElroy CEO Ext. judy@fractalba.com Bid Detail Bid Format Electronic Submitted December 14, :15:53 AM (Pacific) Delivery Method Submit1ed online :15pm Bid Responsive Bid Status Submit1ed Confirmation II Ranking 0 Amount $0.00 Respondee Comment Buyer Comment Attachments File Title XLS PDF Proposal Forms FileName Cost_ Worksheet.xlsx City_of_Fontana_Proposai_Fractal.pdf Proposai_Forms_Fractal.pdf File Type Cost File Response File General Attachment Subcontractors Name & Address Description License Num Amount Type PlanetBids, Inc. Page 147 of 288

148 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page21 Printed Bid Results Bidder Details Vendor Name TRC Engineers, Inc. Address 43614th Street, Suite 1020 Oakland, CA United States Respondee Respondee Title Phone Vendor Type PauiDa~d Vice President Ext. pda~d@trcsolutions.com Bid Detail Bid Format Electronic Submitted December 14, :09:43 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation II Ranking 0 Amount $0.00 Respondee Comment Buyer Comment Attachments File Title TRC Rate Schedule TRC Proposal TRC Information Form TRC Non-Collusion Form TRC References Form TRC Workers' Compensation Form FileName TRC Energy SeMces Rate Schedule.xlsx TRC Energy SeMces Response to RFQ SP-30-PW-18.pdf TRC_Information Form.pdf TRC_Non-Collusion Form.pdf TRC_References Form.pdf TRC_Workers' Compensation Form.pdf File Type Cost File Response File General Attachment General Attachment General Attachment General Attachment Subcontractors Name & Address Description License Num Amount Type PlanetBids, Inc. Page 148 of 288

149 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page22 Printed Project Evaluation Evaluators No Evaluators Meetings No Meetings PlanetBids, Inc. Page 149 of 288

150 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page23 Printed Project Evaluation Evaluator Forms No Evaluator Forms Evaluator Attachments No Evaluator Attachments PlanetBids, Inc. Page 150 of 288

151 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page24 Printed Project Evaluation Technical Qualifications No Technical Qualifications PlanetBids, Inc. Page 151 of 288

152 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page25 Printed Project Evaluation Project Evalutatlon Notes No Evaluator Attachments PlanetBids, Inc. Page 152 of 288

153 City of Fontana Regular City Council Meeting - August 28, 2018 Energy Engineering Services (SP-30-PW-18), bidding on December 14,2017 2:00PM (Pacific) Page26 Printed Project Evaluation Project Evalutatlon No Project Evalutatlon PlanetBids, Inc. Page 153 of 288

154 ACTION REPORT August 28, 2018 FROM: Department of Engineering SUBJECT: Award a Construction Contract for the Traffic Signal Fiber Optic Interconnect Cable Installation Project along Baseline Avenue between Americana Way and Citrus Avenue RECOMMENDATION: 1. Approve and authorize the City Manager to execute a construction contract with International Line Builders for the construction of the Traffic Signal Fiber Optic Interconnect Cable Installation Project along Baseline Avenue between Americana Way and Citrus Avenue in the amount of $189, and authorize a 10% contingency in the amount of $18, (Bid No. SB-99-DE-18); 2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Traffic Signal Fiber Optic Interconnect Cable Installation Project along Baseline Avenue between Americana Way and Citrus Avenue. 3. Appropriate $50, from Local Measure I Fund 246 to the Traffic Signal Fiber Optic Installation Project along Baseline Avenue between Americana Way and Citrus Avenue No COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion. DISCUSSION: The Traffic Signal Fiber Optic Interconnect Cable Installation Project will provide communication between 14 signalized traffic intersections, along Baseline Avenue between Americana Way and Citrus Avenue, and the Traffic Management Center (TMC) located at the City Hall Campus. This communication interconnect allows for the implementation of traffic signal coordinated timing data which can synchronize a series of adjacent signalized intersections. The communications cable also allows for full motion color video to be transmitted from each of the 14 traffic signalized intersections back to the TMC. This full motion video provides real time views of traffic conditions and allows for timing adjustments to be made instantaneously. On July 24, 2018 at 2:00 p.m. the bids for this contract were opened. A total of ten Page 154 of 288

155 (10) bids were received ranging from $189, to $389, International Line Builder is the lowest bidder in the amount of $189, The Engineer's estimate is $213, After reviewing the proposed bid documents and performing the reference checks, Engineering staff has determined International Line Builder to be the lowest responsible and responsive bidder. FISCAL IMPACT: This project is possible through the current Measure I program. This project is funded in Fiscal Year in Local Measure I Fund No. 246 in Project No An additional appropriation of $50, from Measure I Local Fund No. 246 will be included with the First Quarter Budget Report. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: ATTACHMENTS: Description: Bid Detail Vicinity Map Bid Results Type: Backup Material Vicinity Map Backup Material ITEM: CC-K Page 155 of 288

156 Page 156 of 288

157 Page 157 of 288

158 Page 158 of 288

159 Bid Results for FIBER OPTIC INSTALLATION PROJECT ALONG BASELINE AVENUE BETWEEN AMERICANA WAY AND CITRUS AVENUE (SB-99-DE-18) Issued on Bid Due on July 24, :00 PM (Pacific) Exported on Line Totals (Unit Price * Quantity) Item Num Section Item Code Item Type DescriptionUnit of MeQuantity International Line B Select Electric Inc Turn Around CommServitek Electric, IncDBX, INC. Elecnor Belco ElectrCrosstown ElectricaDynalectric Econolite Systems SECC Corporation 1 Section 1 MobilizatioLS 1 $ $9, $1, $4, $3, $10, $5, $13, $8, $10, Section 1 Clearing anls 1 $ $2, $2, $2, $1, $2, $2, $5, $6, $26, Section 1 SWPPP, BeLS 1 $3, $1, $2, $3, $2, $1, $1, $2, $11, $1, Section 1 Traffic ConLS 1 $4, $5, $2, $2, $2, $5, $2, $5, $15, $31, Section 1 Furnish an LF $44, $36, $70, $46, $57, $54, $60, $70, $65, $80, Section 1 Furnish an LF 1070 $3, $1, $2, $3, $1, $4, $2, $2, $19, $10, Section 1 Furnish an EA 14 $7, $5, $2, $13, $13, $5, $11, $15, $5, $14, Section 1 Fusion Spli EA 14 $5, $ $4, $15, $9, $4, $6, $2, $5, $4, Section 1 Furnish an EA 14 $20, $15, $19, $26, $22, $25, $25, $8, $24, $42, Section 1 Coil MinimLF 250 $ $ $2, $1, $ $ $ $ $ $2, Section 1 Coil AdditioLF 1500 $2, $1, $7, $2, $4, $3, $2, $5, $4, $6, Section 1 Furnish an EA 14 $11, $16, $10, $17, $6, $19, $8, $9, $18, $15, Section 1 Furnish an EA 14 $1, $6, $5, $4, $2, $1, $ $3, $17, $1, Section 1 Furnish an EA 8 $10, $6, $2, $9, $12, $7, $18, $15, $13, $21, Section 1 Design of t EA 1 $4, $7, $1, $4, $7, $5, $4, $7, $10, $3, Section 1 Furnish an EA 8 $3, $6, $1, $2, $8, $6, $10, $21, $3, $15, Section 1 Furnish an EA 8 $56, $56, $50, $26, $60, $88, $80, $52, $62, $68, Section 1 Furnish an EA 1 $1, $2, $5, $2, $2, $1, $1, $1, $5, $6, Section 1 Furnish an EA 14 $5, $15, $15, $28, $20, $16, $22, $22, $14, $27, Subtotal $189, $196, $207, $217, $238, $262, $264, $268, $314, $389, Total $189, $196, $207, $217, $238, $262, $264, $268, $314, $389, Unit Price Item Num Section Item Code Item Type DescriptionUnit of MeQuantity International Line B Select Electric Inc Turn Around CommServitek Electric, IncDBX, INC. Elecnor Belco ElectrCrosstown ElectricaDynalectric Econolite Systems SECC Corporation 1 Section 1 MobilizatioLS 1 $ $9, $1, $4, $3, $10, $5, $13, $8, $10, Section 1 Clearing anls 1 $ $2, $2, $2, $1, $2, $2, $5, $6, $26, Section 1 SWPPP, BeLS 1 $3, $1, $2, $3, $2, $1, $1, $2, $11, $1, Section 1 Traffic ConLS 1 $4, $5, $2, $2, $2, $5, $2, $5, $15, $31, Section 1 Furnish an LF $2.43 $2.00 $3.84 $2.57 $3.15 $3.00 $3.30 $3.88 $3.61 $ Section 1 Furnish an LF 1070 $2.87 $1.00 $1.87 $3.43 $1.60 $4.00 $2.30 $2.31 $18.34 $ Section 1 Furnish an EA 14 $ $ $ $ $ $ $ $1, $ $1, Section 1 Fusion Spli EA 14 $ $66.00 $ $1, $ $ $ $ $ $ Section 1 Furnish an EA 14 $1, $1, $1, $1, $1, $1, $1, $ $1, $3, Section 1 Coil MinimLF 250 $3.51 $1.00 $10.00 $4.40 $1.60 $1.10 $0.75 $1.25 $2.35 $ Section 1 Coil AdditioLF 1500 $1.60 $1.00 $5.33 $1.47 $3.15 $2.60 $1.50 $3.45 $3.02 $ Section 1 Furnish an EA 14 $ $1, $ $1, $ $1, $ $ $1, $1, Section 1 Furnish an EA 14 $ $ $ $ $ $85.00 $50.00 $ $1, $ Section 1 Furnish an EA 8 $1, $ $ $1, $1, $ $2, $1, $1, $2, Section 1 Design of t EA 1 $4, $7, $1, $4, $7, $5, $4, $7, $10, $3, Section 1 Furnish an EA 8 $ $ $ $ $1, $ $1, $2, $ $1, Section 1 Furnish an EA 8 $7, $7, $6, $3, $7, $11, $10, $6, $7, $8, Section 1 Furnish an EA 1 $1, $2, $5, $2, $2, $1, $1, $1, $5, $6, Section 1 Furnish an EA 14 $ $1, $1, $2, $1, $1, $1, $1, $1, $1, Page 159 of 288

160 ACTION REPORT August 28, 2018 FROM: Department of Public Works SUBJECT: Execute Annual Purchase Orders to Single Source Vendor Musco Lighting RECOMMENDATION: 1. Authorize Purchasing to execute annual purchase orders to single source vendor Musco Lighting. 2. Authorize the City Manager to enter into a two (2) year contract with Musco Lighting with three (3) one-year extensions at the sole discretion of the City for ballfield lighting. COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure. DISCUSSION: The Public Works Department currently has a contract in place with Musco Lighting to provide sports field lighting services and replacement parts citywide. Musco Lighting is a sole source vendor for these lighting systems. At the time the purchase order with Musco was put into place, it was not anticipated that the annual expenditures would exceed $25,000. Increased costs associated with maintenance of the City's existing sports field lighting systems have necessitated an increase in the annual expenditure with this Vendor. FISCAL IMPACT: Funds have been budgeted in the current Fiscal Year Operating Budget, specifically in the Parks General Fund 101 Budget and various Special District funds. The total annual expenditures are estimated at $50,000. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: Page 160 of 288

161 ATTACHMENTS: Description: No Attachments Available Type: ITEM: CC-L Page 161 of 288

162 ACTION REPORT August 28, 2018 FROM: Department of Public Works SUBJECT: Exclusive Use Agreement with Fontana Unified School District RECOMMENDATION: Authorize the City Manager to enter into a five (5) year agreement with Fontana Unified School District (FUSD) for exclusive off-hours use of the sports fields at Fontana Middle School, Alder Middle School and Wayne Ruble Middle School. COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs. * To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. DISCUSSION: The City Council has previously approved exclusive use agreements for the usage of sports fields at 3 different middle school sites, Fontana Middle School (2003), Alder Middle School (2006), and Wayne Ruble Middle School (2007). These agreements are currently expired. At their July 11th, 2018 regularly scheduled meeting, the FUSD Board of Education voted to approve the renewal of these agreements with the City for a term of 5 years. FISCAL IMPACT: Funds have been budgeted in the current Fiscal Year Operating Budget, specifically in the General Fund #101 budget unit (Parks Maintenance). MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: Page 162 of 288

163 ATTACHMENTS: Description: CC Minutes Fontana CC Minutes Alder CC Minutes Ruble FUSD Minutes Exclusive Use Agreement Type: Backup Material Backup Material Backup Material Backup Material Backup Material ITEM: CC-M Page 163 of 288

164 Page 164 of 288

165 Page 165 of 288

166 CITY COUNCIL MINUTES FEBRUARY G Mayor and Council accepted from the United States Conference of Mayor s for First Place Finish in the National Cans for Cash Contest Tony Mata Environmental Control Supervisor presented The following Public Communications were received PC Ken Galasso spoke of upcoming Chamber of Commerce events EVENTS Tony Orlich spoke on the media MEDIA Staff presentations were given on Consent Calendar Items C J R CC Tony Orlich spoke on Consent Calendar Item H ACTON Motion was made by Council Member Warren seconded by Council Member Scialdone approving Consent Calendar Items A R as follows A Approving the minutes of January Adjourned Regular Meeting and the January Regular Meeting MINUTES B 1 Adopting Ordinance No Repealing certain sections of ADPT ORD 1538 Article XIII of Chapter 15 of the Fontana Municipal code relating FIREWORKS to the use and sale of fireworks 2 Adding a new Section of the Fontana Municipal Code relating to the use and sale of fireworks and 3 Amending Section of the to business license taxes for Fontana Municipal Code relating firework sales and 4 Amending Section of the Fontana Development Code permitting temporary use permits for fireworks 2 Adopting Ordinance No 1539 amending Fontana Municipal Code ADPT ORD 1539 Chapter 16 Article I Section relating to the presence of JUVENILES juveniles in public places or private establishments during school hours 3 Adopting Ordinance No 1540 authorizing the levy of a special tax within Community Facilities District No 61 M 4 Adopting Ordinance No 1541 amending Chapter 30 of the Fontana Municipal Code to reflect the new performance standard for infill development areas 5 Adopting Ordinance No 1542 authorizing the levy of a special tax within Community Facilities District No 60M ADPT ORD 1540 CFD 61M ADPT ORD 1541 INFILL ADPT ORD 1542 CFD 60M C 1 Authorizing the City Manager to enter into an agreement with Fontana Unified School District for exclusive off hours use of Wayne Ruble Middle School 2 Approving a reduction to Project Number for the School District Exclusive Use Agreement in the amount of FUSD CITY RUBLE FIELDS 3 Page 166 of 288 Li I

167 CITY COUNCIL MINUTES FEBRUARY Q and transfer from the General Fund Capital Projects Fund 601 to the General Fund Operating Projects Fund 110 Appropriate to Project Number Approving an appropriation of from the General Fund Undesignated Fund Balance to Business Unit for Maintenance Activities This amount is recurring and will be added to Public Works General Fund target number D 1 Accepting as complete and authorizing execute and file a Notice of Completion for Project SB Approving the final construction amount of Approving the release of the 10 retention upon satisfactory closure of the contract the Public Works Director to ACCPT PROJ 2009 with TKE E 1 Approving a contract extension through January Engineering Inc for engineering services 2 Authorizing the City Manager to sign the contract extension F 1 Awarding the proposal in the amount of and authorizing the City Manager to enter into contract agreements with Morning star Productions LLC Studio 33 and Alliant Event Services for staging lighting audio and visual services for a two year period with an option for three one year extensions at the sole discretion of the City 2 Authorizing the Business Services Manager to issue a purchase order to Morningstar Productions LLC not to exceed Authorizing the Business Services Manager to issue a purchase order to Studio 33 not to exceed Authorizing the Business Services Manager to issue a purchase order to Alliant Event Services not to exceed G 1 Awarding the proposal in the amount of and authorizing the City Manager to enter into a contract agreement with Garden Interiors for special event decorating services for a two year period with an option for three one year extensions at the sole discretion of the City 2 Authorizing the Business Services Manager to issue a purchase order to Garden Interiors not to exceed TKE ENG AWARD MORNINGSTAR STUDIO 33 AND ALLlANT EVENTS AWARD GARDEN INTERIORS H Adopting Resolution No amending Resolution No by extending the time frame of the eligibility list for those non profit organizations authorized to sell fireworks within the City of Fontana ADPT RES FIREWORKS 1 Accepting as complete and authorizing the Deputy City Manager ACCPT PROJ to execute and file a Notice of Completion for Project SP Approving the final construction amount of Approving the release of 10 retention upon satisfactory closure of 4 Page 167 of 288 5

168 Page 168 of 288

169 Page 169 of 288

170 Page 170 of 288

171 Page 171 of 288

172 Page 172 of 288

173 Page 173 of 288

174 Page 174 of 288

175 Page 175 of 288

176 Page 176 of 288

177 Page 177 of 288

178 Page 178 of 288

179 Page 179 of 288

180 Page 180 of 288

181 Page 181 of 288

182 Page 182 of 288

183 Page 183 of 288

184 ACTION REPORT August 28, 2018 FROM: Department of Engineering SUBJECT: Final Acceptance of the Juniper Avenue at Ceres Avenue Traffic Signal Project RECOMMENDATION: Accept as complete the work performed by Alfaro Communications Construction, Inc. for the construction of the Juniper Avenue at Ceres Avenue Traffic Signal Project and approve the final construction amount of $282, (Bid No. SB-49- DE-17) COUNCIL GOALS: * To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure. * To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion. DISCUSSION: On November 14, 2017, the City Council authorized the award of a construction contract to the lowest responsiveresponsible bidder (Alfaro Communications Construction, Inc.) in the amount of $278, and a 10% contingency in the amount of $27, for the Juniper Avenue at Ceres Avenue Traffic Signal Project. Alfaro Communications Construction, Inc. completed construction of the project on July 25, The project was successfully completed for the final contract amount of $282,971.14, an increase of 1.67% from the original contract amount of $278, All work has been completed to the satisfaction of the City. FISCAL IMPACT: This project was possible through the current Measure I Program. Funds for this project are budgeted in Fiscal Year in Measure I Fund #246 in Project No. 3291, JuniperCeres Traffic Signal. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: Page 184 of 288

185 APPROVED BY: ATTACHMENTS: Description: Vicinity Map Type: Vicinity Map ITEM: CC-N Page 185 of 288

186 Page 186 of 288

187 ACTION REPORT August 28, 2018 FROM: Department of Administrative Services SUBJECT: Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Sonrise Senior Apartments RECOMMENDATION: Conduct a TEFRA hearing and adopt Resolution No approving the issuance of Revenue Bonds by the California Statewide Communities Development Authority (CSDA) in an amount not to exceed $13,000,000 for Loveland Church in conjunction with the Sonrise Senior Apartments COUNCIL GOALS: * To promote affordable housing by construction of high-quality multi-family housing which also serves to address the affordability needs of this community. * To promote affordable housing by acquisition, substantial rehabilitation, and professional management of selected multi-family properties as a vehicle to reduce crime and code enforcement activity and to address the affordability needs of this community DISCUSSION: The City has received a request from the California Statewide Communities Development Authority (CSCDA) to conduct a TEFRA hearing as required by the Internal Revenue Code in order to issue tax-exempt revenue notes in an aggregate amount not to exceed $13 million on behalf of Sonrise Senior Citizens Villa, Inc. a California Corporation established by Loveland Church. Loveland will use the proceeds of these bonds to resyndicate and substantially rehabilitate (on both the interior and exterior) the Sonrise Senior Apartments. The low income tax credits and affordability provisions at the Sonrise Apartments are about to expire. The developer is seeking new tax credits in order to extend the affordability for an additional 55 years. In addition, the building and facilities will undergo a substantial renovation. The Sonrise Senior Citizens Villas Apartments are an eighty (80) unit three-story senior citizen apartment community located at 7222 Sierra Avenue. The Sonrise Senior Citizens Villas Apartments are an affordable apartment community. These bonds would be classified as tax-exempt private activity bonds for the purposes of the Internal Revenue Code. As such, the issuance of these notes requires approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located (i.e. the City of Fontana). Page 187 of 288

188 Please be aware, that the issuance of these notes is considered conduit financing. As such the City of Fontana will be under no obligation to repay the Note indebtedness. In order for CSCDA to issue these bonds, the City must; (1) conduct a public hearing allowing members of the public to comment on the proposed Project, and (2) approve CSCDA s issuance of Notes on behalf of the proposed financing. Although CSCDA will be the actual issuer of the tax-exempt revenue notes for the Project, the financing cannot proceed without the City, as the governmental entity having jurisdiction over the site, approving of CSCDA s issuance of this indebtedness. In return for the City of Fontana s consideration in agreeing to conduct the TEFRA Hearing and approve CSCDA s issuance of notes, Loveland has agreed to allow the Fontana Housing Authority to have regulatory authority over the affordability covenants being recorded for the Sonrise Senior Apartments. That covenant will allow the Fontana Housing Authority to include these eighty (80) units as part of the Affordable Housing Plan at no cost to the City or Housing Authority. CSCDA was formed in 1988 to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. To date, over 530 municipalities are members of CSCDA including the City of Fontana. Conducting the required TEFRA Hearing and adopting the proposed Resolution will facilitate substantial rehabilitation of and preservation of the affordability at - the Sonrise Senior Apartments. FISCAL IMPACT: There is no direct or indirect financial impact to the City of Fontana as a result of this proposed financing. CSCDA will issue tax-exempt revenue notes on behalf of the Project. MOTION: Approve staff recommendation. SUBMITTED BY: APPROVED BY: Page 188 of 288

189 ATTACHMENTS: Description: TEFRA Resolution Type: Resolution ITEM: PH-A Page 189 of 288

190 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR A LIMITED PARTNERSHIP TO BE ESTABLISHED BY LOVELAND CHURCH OR AN AFFILIATE THEREOF WITH RESPECT TO A MULTIFAMILY APARTMENT PROJECT WHEREAS, the California Statewide Communities Development Authority (the Authority ), of which the City of Fontana (the City ) is a member pursuant to the provisions of that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority, dated as of June 1, 1988 (the Agreement ), is authorized by the laws of the State of California (the Law ) to issue tax-exempt obligations and taxable obligations for the purpose of financing multifamily rental housing to be occupied, in whole or in part, by persons or families of low and very low income; and WHEREAS, a limited partnership to be established by Loveland Church or an affiliate thereof (the Borrower ) intends to acquire and rehabilitate an 80-unit multifamily rental housing apartment project located at 7222 Sierra Avenue in the City of Fontana, California (the Project ), and has requested the Authority to cause the issuance of tax-exempt bonds (the Bonds ) in the not-to-exceed amount of $13,000,000, the proceeds of which shall be used for the purpose of financing the acquisition and rehabilitation of the Project; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the Code ) requires that the "applicable elected representative" with respect to the Project approve the issuance of the Bonds with respect to the Project after a public hearing has been held concerning the issuance and delivery of the Bonds with respect to the Project; and WHEREAS, the City Council of the City (the City Council ) is the elected legislative body of the City and is one of the applicable elected representatives required to approve the isuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the City Council has, on August 28, 2018, held said public hearing after due public notice, and at said meeting, all those interested in speaking with respect to the financing of the Project were heard; NOW, THEREFORE, be it resolved by the City Council of the City of Fontana, State of California, as follows: Section 1. This City Council hereby finds and determines that the foregoing recitals are true and correct. Section 2. This City Council hereby approves the issuance of the Bonds with respect to the Project by the Authority for the purposes of Section 147(f) of the Code. Section 3. The issuance and delivery of the Bonds shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority. Page 190 of 288

191 Section 4. The Borrower shall be responsible for the payment of all present and future costs in connection with the issuance of the Bonds, including, but not limited to, any fees and expenses incurred by the City in anticipation of the issuance of the Bonds. The payment of the principal, prepayment premium, if any, and purchase price of and interest on the Bonds shall be solely the responsibility of Borrower. The Bonds shall not constitute a debt or obligation of the City. Section 5. This City Council hereby determines that it is appropriate for the Authority to cause the issuance of the Bonds to finance the acquisition and rehabilitation of the Project and hereby approves the issuance of the Bonds. It is the purpose and intent of this City Council that this resolution constitute approval of the Bonds for the purposes of Section 9 of the Agreement. Section 6. The adoption of this Resolution is solely for the purpose of meeting the requirements of the Code and Section 9 of the Agreement and shall not be construed in any other manner, neither the City nor its staff having fully reviewed or considered the financial feasibility of the financing of the Project or the expected operation of the Project with regards to any State of California statutory requirements, and such adoption shall not obligate, without further formal action to be taken by this City Council, (i) the City to provide financing to the Borrower for the financing of the acquisition and rehabilitation of the Project or to cause the delivery of the Bonds for the purpose of such financing; or (ii) the City, or any department of the City, to approve any application or request for, or take any other action in connection with the ownership or operation of the Project. to: Section 7. The Clerk of the City Council shall forward a certified copy of this Resolution Josh D. Anzel Jones Hall, A Professional Law Corporation 475 Sansome Street, Suite 1700 San Francisco, California Page 191 of 288

192 Section 8. This Resolution shall take effect from and after the date of its passage and adoption. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Fontana on this 28th day of August 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Tonia Lewis, City Clerk Page 192 of 288

193 ACTION REPORT August 28, 2018 FROM: Department of Community Development SUBJECT: Master Case No R1; Specific Plan Amendment No ; Tentative Tract Map No (TTM No ); and Design Review No A 6-Unit Single Family residential Subdivision Located within the Northgate Specific Plan on the Northeast Corner of Malaga Avenue and Lemon Street RECOMMENDATION: 1. Determine that the project is Categorically Exempt pursuant to Section No , (Class No. 32, In-Fill Project) of the California Environmental Quality Act; 2. Waive further reading of and introduce Ordinance No., an Ordinance approving Specific Plan Amendment No to revise the zoning boundary within the Northgate Specific Plan between the Low Density Residential zoning district and the Park zoning district. The adjustment will add approximately 1.2 adjusted gross acres to the Low Density Residential zoning district; and that the reading of the title constitutes the first reading thereof. 3. Adopt Resolution No , a Resolution approving Tentative Tract Map No (TTM No ) and approving Design Review Project No , a proposal to subdivide a parcel of approximately 1.2 adjusted gross acres into six (6) lots, site and architecture review to construct six (6) single-family homes ranging in size from 2,393 square feet to 2,506 square feet. COUNCIL GOALS: * To create a team by working together to provide stability and consistent policy direction. * To create a team by ensuring commissions work within clear guidelines to achieve Council goals. DISCUSSION: Background: The applicant (New Legacy Development Corp.) has entered into an agreement to purchase the subject property from the City. Pursuant to the Purchase and Sale Agreement, the applicant is required to not only subdivide, design and build the residential units on the property, but also to improve the existing adjacent 1.4 acre park site. The park improvements shall have an estimated cost of $280, (see attached Purchase and Sale Agreement). Analysis: This project was heard by the Planning Commission at the duly noticed public Page 193 of 288

194 hearing on April 17, During this meeting, the Planning Commission opened the public hearing to receive testimony and no members of the public spoke on the project. The public hearing was closed and there was no further discussion. The Planning Commission voted (4 to 0) to: Adopt a Resolution (PC Resolution No. PC ), forwarding a recommendation to the City Council to: determine that the project is Categorically Exempt pursuant to Section No , (Class No. 32, In-Fill) of the CEQA, and direct staff to file a Notice of Exemption; adopt an ordinance approving Specific Plan Amendment No ; approve Tentative Tract Map No ; and approve Design Review Project No , based on Findings of Fact and subject to Conditions of Approval. Specific Plan Amendment No : The applicant is acquiring this property from the City and is proposing to revise the zoning map boundary to add this property to the Low Density Residential zoning district; the adjustment will add approximately 1.2 adjusted gross acres to the Low Density Residential zoning district. The remaining park site, as developed, is approximately 1.4 acres. Tentative Tract Map No : The project site is a single vacant parcel, located within the Northgate Specific Plan, the applicant is proposing to subdivide the parcel into six (6) lots to develop single-family homes. The lots range in size from approximately 6,666 square feet to approximately 11,480 square feet with an average of 8,697 square feet. The Low Density Residential zoning district, within t h e Northgate Specific Plan allows for single-family detached homes to be developed within the zoning district. The minimum lot area shall be 6,000 square feet with an average of 6,500 square feet. The proposed tract map meets or exceeds the regulations and development standards of Northgate Specific Plan and the Zoning and Development Code. Design Review Project No : The applicant proposes two (2) floor plans with three (3) architectural styles: Cottage, Craftsman, and Spanish. The development will comply with the required setbacks and will not exceed the maximum height or maximum lot coverage. All other applicable development standards specified in the Northgate Specific Plan and Zoning and Development Code will be met. PLAN NO. Plan No Plan No Plan No Plan No SIZE 2,393 sq. ft. 2,440 sq. ft. 2,443 sq. ft. 2,506 sq. ft. STORIES NO. BDRMS NO. BATHS GARAGE 2 Spaces 2 Spaces 2 Spaces 2 Spaces OTHER ROOMS Loft Loft Loft Loft The proposed single-family homes meet the minimum square footage requirements Page 194 of 288

195 specified in the Northgate Specific Plan and will not exceed the maximum height of 35 feet (2 ½ stories). The maximum lot coverage, required setbacks, and all applicable development standards specified in the Northgate Specific Plan and the Zoning and Development Code will be met. FISCAL IMPACT: None. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: ATTACHMENTS: Description: Attachment No. 1 - Vicinity Map Attachment No. 2 - Plotting Plan Attachment No. 3 - Floor Plan - Plan No Attachment No. 4 - Elevations - Plan No Attachment No. 5 - Floor Plan - Plan No Attachment No. 6 - Elevations - Plan No Attachment No. 7 - City Council Ordinance for Specific Plan Attachment No. 8 - City Council Resolution for Tentative Tract Map No and Design Review Project No Attachment No. 9 - Planning Commission Staff Report of April 17, 2018 Attachment No Regular Planning Commission Meeting Minutes April 17, 2018 Attachment No Notice of Exemption Attachment No Notice of Public Hearing Purchase and Sale Agreement Type: Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material ITEM: PH-B Page 195 of 288

196 CITY OF FONTANA PLANNING DIVISION VICINITY MAP DATE: August 28, 2018 CASE: Master Case No R1 Specific Plan Amendment No Tentative Tract Map No Design Review No ATTACHMENT NO. 1 Page 196 of 288

197 CITY OF FONTANA PLANNING DIVISION PLOTTING PLAN DATE: August 28, 2018 CASE: Master Case No R1 Specific Plan Amendment No Tentative Tract Map No Design Review No ATTACHMENT NO. 2 Page 197 of 288

198 CITY OF FONTANA PLANNING DIVISION FLOOR PLAN PLAN NO DATE: August 28, 2018 CASE: Master Case No R1 Specific Plan Amendment No Tentative Tract Map No Design Review No ATTACHMENT NO. 3 Page 198 of 288

199 CITY OF FONTANA PLANNING DIVISION ELEVATIONS PLAN NO DATE: August 28, 2018 CASE: Master Case No R1 Specific Plan Amendment No Tentative Tract Map No Design Review No ATTACHMENT NO. 4 Page 199 of 288

200 p Regular City Council Meeting - August 28, 2018 Second Floor First Floor CITY OF FONTANA PLANNING DIVISION FLOOR PLAN PLAN NO DATE: August 28, 2018 CASE: Master Case No R1 Specific Plan Amendment No Tentative Tract Map No Design Review No ATTACHMENT NO. 5 Page 200 of 288

201 CITY OF FONTANA PLANNING DIVISION ELEVATIONS PLAN NO DATE: April 17, 2018 CASE: Master Case No R1 Specific Plan Amendment No Tentative Tract Map No Design Review No ATTACHMENT NO. 6 Page 201 of 288

202 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FONTANA, APPROVING SPECIFIC PLAN AMENDMENT NO , A REQUEST TO REVISE THE ZONING BOUNDARY WITHIN THE NORTHGATE SPECIFIC PLAN BETWEEN THE LOW DENSITY RESIDENTIAL ZONING DISTRICT AND THE PARK ZONING DISTRICT. THE ADJUSTMENT WILL ADD APPROXIMATELY 1.2 ADJUSTED GROSS ACRES TO THE LOW DENSITY RESIDENTIAL ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section No. 1. The applicant, New Legacy Development Corporation, submitted a request for Specific Plan Amendment No , Tentative Tract Map No (TTM No ), and Design Review No , to change the Zoning District Map boundary within the Northgate Specific Plan between the Low Density Residential zoning district and the Park zoning district. The adjustment will add approximately 1.2 adjusted gross acres to the Low Density Residential zoning district. Tentative Tract Map is required pursuant to Section No , of the Subdivision section of the Municipal Code, a Tentative Tract Map shall be required for all subdivisions creating five (5) or more parcels. Design Review is required pursuant to Section No , of the Zoning and Development Code, residential projects of five (5) or more units; and Section No. 2. On April 17, 2018, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Specific Plan Amendment No , Tentative Tract Map No (TTM No ), and Design Review No ; and Section No. 3. On April 17, 2018, the Commission approved Resolution No. PC and recommended approval to City Council of Specific Plan Amendment No , Tentative Tract Map No (TTM No ), and Design Review No , and after carefully considered all information pertaining to the proposed project, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearings on April 17, 2018; and Section No. 4. After the publication of notice as required by law, the Planning Commission and City Council of the City of Fontana, California conducted a public hearing on Specific Plan Amendment No along with the entitlements referenced herein. Section No. 5. Based on the information presented to the City Council at the public hearing held for Specific Plan Amendment No along with the entitlements referenced herein, on August 28, 2018, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment is in conformance with the goals and policies of the 2003 General Plan as referenced herein. Section No. 6. Specific Plan Amendment No is consistent with the goals and policies of the City of Fontana, 2003 General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest in the City of Fontana. ATTACHMENT NO. 7 Page 202 of 288

203 Ordinance No. Page 2 of 4 Section No. 7. Specific Plan Amendment No is hereby approved and the zoning for approximately 1.2 gross acres Assessor Parcel No is changed from Park zoning district to the Low Density Residential zoning district, of the Northgate Specific Plan, as shown on Exhibit A, attached hereto and by this reference incorporated; and Section No. 8. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 28 th day of August READ AND APPROVED AS TO LEGAL FORM: City Attorney I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 28 th day of August 2018, and was finally passed and adopted not less than five days thereafter on the 11th day of September 2018, by the following vote to wit: AYES: NOES: ABSENT: City Clerk of the City of Fontana Mayor of the City of Fontana ATTEST: City Clerk Page 203 of 288

204 Ordinance No. Page 3 of 4 Exhibit A Existing zoning district Map Exhibit A Page 204 of 288

205 Ordinance No. Page 4 of 4 Exhibit A Proposed zoning district Map Page 205 of 288

206 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING TENTATIVE TRACT MAP NO (TTM NO ) AND APPROVING DESIGN REVIEW NO WHEREAS, the City of Fontana received an application on May 30, 2017, for a Tentative Tract Map (TTM) to subdivide one parcel of approximately 1.2 adjusted gross acres into six (6) lots for the development of single-family homes. The lots range in size from approximately 6,666 square feet to approximately 11,480 square feet with an average of 8,697 square feet, WHEREAS, the City of Fontana received an application on September 14, 2017, for a Design Review for site and architecture review to construct six (6) single-family homes ranging in size from 2,393 square feet to 2,506 square feet, and determine that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section No (Class No. 32, In-Fill Development Project); and, Project Applicant: Project Location: Site Area: New Legacy Development Corporation P.O. Box 1917 Rancho Cucamonga, CA Northeast corner of Malaga Avenue and Lemon Street (APN: ) Approximately 1.2 adjusted gross acres WHEREAS, all of the notices required by statute or the City Municipal Code have been given as required; and, WHEREAS, the subject site includes one (1) parcel that was part of the original incorporation of the City of Fontana from San Bernardino County on June 25, 1952; and, WHEREAS, on August 28, 2018, the City Council received public testimony on Tentative Tract Map No (TTM No ) and Design Review No ; and, WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and, WHEREAS, pursuant to Chapter No. IV.F.3, of the Northgate Specific Plan, a single-family residential project up to 4.5 dwelling units per acre is a permitted use and requires approval of a Design Review application for the review and recommendation for approval by the City Council; and, WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibit A for the Tentative Tract Map and Exhibit B for Design Review No ; and, ATTACHMENT NO. 8 Page 206 of 288

207 Resolution No. PC WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice of the public hearing was published in the local Fontana Herald newspaper on August 17, 2018, posted at City Hall and at the project site; and, WHEREAS, the City Council carefully considered all information pertaining to the proposed project, including the staff report, findings, Conditions of Approval, and all of the information, evidence, and testimony presented at its public hearing on August 28, 2018; and, WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred. NOW, THEREFORE, the City Council RESOLVES as follows: NOW, THEREFORE, in consideration of the evidence received at the public hearing, and for the reasons discussed by the City Council at said hearing, the City Council hereby approves Tentative Tract Map No and Design Review No SECTION NO 1. The City of Fontana City Council hereby makes the following findings for Tentative Tract Map No in accordance with Section No (e) Findings for approval of Tentative Tract Map of the Fontana Subdivision Code: Finding No. 1: Findings of Fact: Finding No. 2: Findings of Fact: The proposed Tract Map is consistent with the City s General Plan. Tentative Tract Map No , is a request to subdivide one (1) parcel of approximately 1.2 adjusted gross acres into six (6) lots for the development of single-family homes. The lots range in size from approximately 6,666 square feet to approximately 11,480 square feet with an average of 8,697 square feet. The project site has a General Plan Land Use designation as Residential Planned Community (R-PC). The project is proposed with a density of approximately 4.5 dwelling unit per acre, which is consistent with the R-PC land use designation of a density between 3.0 to 6.4 dwelling units per acre. Therefore, the proposed Tentative Tract Map No is consistent with the City s General Plan. The design and improvements of the proposed tentative tract map is consistent with the General Plan and any applicable Specific Plan. The design of the proposed subdivision, as mentioned in Finding No. 1, above is consistent with the General Plan. Street improvements including curb, cutter, and sidewalks conform to the requirements of the Northgate Specific Plan, Circulation Master Plan, Chapter No. 26 (Subdivisions), Chapter No. 30 (Zoning and Development Code). Page 2 of 17 Page 207 of 288

208 Resolution No. PC Finding No. 3: Findings of Fact: The site is physically suitable for the type and density of development proposed. The project size, shape, and topography is suitable for this type and density of development. The project site is approximately 1.2 adjusted gross acres and accommodates the subdivision of six (6) single-family lots. The portion of the project site to be developed is vacant and is surrounded by single-family homes and Northgate Park. The lot sizes are consistent with surrounding single-family developments. All street improvements will be constructed pursuant to applicable building, zoning, and fire code standards, as mentioned in Finding No. 2, above. Finding No. 4: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat. Findings of Fact: The design of the subdivision and the proposed improvements as described in Finding No. 1 through Finding No., above, complies with the Northgate Specific Plan, City of Fontana s Municipal Code requirements, Conditions of Approval (referenced herein), and will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. The site is not located within an area designated for potential sensitive wildlife habitat. Moreover, the site is surrounded by development and would not support sensitive wildlife. Since it is considered an infill development, this project qualifies for a Categorical Exemption pursuant to Section No , (Class No. 32, In-Fill Development Project) of the California Environmental Quality Act (CEQA). Finding No. 5: The design of the subdivision or type of improvements will not cause serious public health problems. Findings of Fact: The design of the subdivision as described in Finding No. 1 through Finding No. 4, above, complies with the Northgate Specific Plan and City of Fontana s Municipal Code requirements. The improvements associated with the subdivision such as street, curb, gutter, and sidewalk will be constructed and have been designed as part of this project pursuant to the Northgate Specific Plan and Zoning and Development Code. Additional improvements such as water and sewer connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, shall promote the public health, safety, and welfare of the Page 3 of 17 Page 208 of 288

209 Resolution No. PC surrounding community and will not cause public health problems. Finding No. 6: Findings of Fact: The design of the subdivision or the types of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The design of the subdivision and improvements will not conflict with any access easements acquired by the public. The proposed subdivision will be accessed from Lemon Street. Currently there are no other public access easements through or within the proposed subdivision. SECTION NO. 2. The City of Fontana City Council hereby makes the following findings for Design Review No in accordance with Section No Findings for Approval for Design Review of the Zoning and Development Code: Finding No. 1: Findings of Fact: This proposal meets or exceeds the criteria contained in Section of the Municipal Code and will result in an appropriate and desirable development. This project is for the site and architecture review to construct the six (6) single-family homes ranging in size from 2,420 square feet and 2,506 square feet. There are two (2) floor plan and three (3) architectural styles proposed. This project meets or exceeds the criteria contained in the Northgate Specific Plan, Design Review section of the Zoning and Development Code, and the requirements of the City of Fontana s plotting and design criteria. The guidelines include three (3) architectural styles: Cottage, Craftsman, and Spanish as well as different color and materials complimentary to the particular architectural style. The homes will not exceed the maximum height of 35 feet (28-5 ). The minimum dwelling size, required setbacks, and all applicable development standards specified in the Northgate Specific Plan are met. The development of each lot will not exceed maximum lot coverage (35 percent) specified in the Northgate Specific Plan. The project has high quality architectural design and will be an appropriate and desirable development for the community. Each home has a contemporary architectural theme using mainly light earth tone warm-colors (i.e. gray, tan, beige, blue etc.) and contrasting accent colors. Architectural relief utilized for the proposed homes consists of stone veneer, wood siding, second story banding, decorative window treatments, varied roof lines, architectural pop-outs, covered porches, and other features appropriate to each architectural theme. The use of a variety of colors and decorative shutters and pot-shelves in Page 4 of 17 Page 209 of 288

210 Resolution No. PC contrasting color will further add architectural diversity to each plan. Finding No. 2: The proposal is in its design and appearance aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood. Findings of Fact: The proposed project as identified and referenced in Finding No. 1, above, has been determined to be aesthetically and architecturally pleasing and compatible with the neighborhood. The proposed homes are contemporary and true to style with the surrounding homes, and are compatible, resulting in high quality architectural design appropriate and desirable for the surrounding community. The proposed development will enhance the character of the surrounding residential area through appropriate attention to aesthetics and design. Finding No. 3: Findings of Fact: Finding No. 4: Findings of Fact: The site improvements are appropriate and will result in a safe, well designed facility. The proposed development will result in much needed and appropriate improvements, not only for the project site, but the surrounding area as well. The project includes streets, sidewalks, drainage, grading, and perimeter and privacy walls to provide a safe and well-designed neighborhood. The proposed homes have been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. The proposed project identified in Finding No. 1, above, meets or exceeds the standards of the Northgate Specific Plan, Zoning and Development Code, and will provide a safe design for normal public access. The proposal is consistent with the General Plan and applicable CommunitySpecific Plan. The proposed project is consistent with the goals and policies of the General Plan. The project site has a General Plan Land Use designation as Residential Planned Community (R-PC). The proposed project reflects a density of approximately 4.5 dwelling units per acre, which is consistent with the Residential Planned Community (R-PC) land use designation range between 3.0 to 6.4 dwelling units per acre. The General Plan is the document that sets the framework for the City of Fontana and provides the overall policies for development within the community. The General Plan encourages variety of housing including single-family homes Page 5 of 17 Page 210 of 288

211 Resolution No. PC Finding No. 5: pursuant to the City of Fontana s, General Plan Land Use Element, (Chapter No. 3), Goal No. 1, (Policy 2, pages. 3-29). The proposed project meets or exceeds the criteria contained in the Northgate Specific Plan. The homes will not exceed the maximum height of 35 feet (28-6 ). The minimum dwelling size, required setbacks, and all applicable development standards specified in the Northgate Specific Plan will be met. The development of each lot will not exceed maximum lot coverage specified in the Northgate Specific Plan. The proposal promotes the public health, safety, and welfare of the community. Findings of Fact: The proposed project will result in the construction of six (6) single-family homes. These structures will be built pursuant to all applicable building, zoning, and fire codes and standards and; therefore, shall promote the public health, safety, and welfare of the surrounding community. SECTION NO. 3. Based on the foregoing, the City of Fontana City Council hereby approves Tentative Tract Map No (TTM No ) and approves Design Review No , subject to the Conditions of Approval, which are attached hereto as Exhibits A and B to this Resolution and incorporated herein by this reference. SECTION NO. 4. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department Planning Division, 8353 Sierra Avenue, Fontana, CA This information is provided in compliance with Public Resources Code, Section No APPROVED AND ADOPTED this 28th day of August, READ AND APPROVED AS TO LEGAL FORM: City Attorney Page 6 of 17 Page 211 of 288

212 Resolution No. PC I, Tonia Lewis, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 28th day of August 2018 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk of the City of Fontana Mayor of the City of Fontana ATTEST: City Clerk Page 7 of 17 Page 212 of 288

213 Resolution No. PC Exhibit A CITY OF FONTANA CONDITIONS OF APPROVAL PROJECT: Master Case No R1 DATE: August 28, 2018 Tentative Tract Map No (TTM No ) LOCATION: The project site is located on the northeast corner of Malaga Avenue and Lemon Street (APN: ) PLANNING DIVISION: 1. Tentative Tract Map No , is a request to subdivide one (1) parcel of approximately 1.2 adjusted gross acres located into six (6) lots, the lots range in size from approximately 6,666 square feet to approximately 11,480 square feet with an average of 8,697 square feet, for the purpose of single-family homes as presented here to the City Council and as shown in Attachment No The applicantdeveloper shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant s proposed project or to any approvals of the Planning Commission andor City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees andor costs awarded against the City, if any, and cost of suit, attorneys fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City andor any parties bringing such forth. The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant s sole and exclusive remedy shall be limited to declaratoryinjunctive relief, mandate, andor specific performance. Page 8 of 17 Page 213 of 288

214 Resolution No. PC This Tentative Tract Map shall comply with all applicable development standards and regulations of Chapter No. 26 (Subdivisions), Chapter No. 30 (Zoning and Development), of the Municipal Codes of the City of Fontana, the Subdivision Map Act, and Northgate Specific Plan. 4. The applicantdeveloper shall underground all new utilities, which for the purpose of this condition shall also include all boxes, structures andor other equipment located in the public right-of-way, any public utility easement(s) and on any private property, to the satisfaction of the Director of Community Development. A note to this effect shall be placed on the map prior to recordation of the final map. 5. This Tentative Tract Map shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period. 6. There shall be no combination wall over three (3) feet retaining wall and six (6) feet freestanding; the maximum height of any combination shall not exceed nine (9) feet. 7. Solid masonry walls of a minimum of six (6) feet in height measured from finished grade shall have a decorative cap and shall be required at all rear and side property lines. Prior to Issuance of Building Construction Permits 8. All conditions of approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet of all the final building and grading plans prior to issuance of any building or grading permits. 9. In the event that one or more of the Conditions of Approval for this project needs to be amended andor deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendmentdeletion, provided that City Manager shall bring such proposed amendmentdeletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manger s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No and Section No of the Municipal Code. BUILDING AND SAFETY DIVISION: 10. All perimeterboundary walls shall be designed and constructed so that the outerexterior face of the wall is as close as possible to the lot line. In any case, the outerexterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances. Page 9 of 17 Page 214 of 288

215 Resolution No. PC Prior to Issuance of BuildingConstruction Permits 11. The grading and drainage design will require a more detailed review at time of plan check submittal. Special attention will be given to the design where the toe of slopes are near the property lines. ENGINEERING: 12. It is the applicant sdeveloper s responsibility to maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City. Where applicable, the applicant must provide provisional street sweeping schedules to the City. Prior to Map Recordation 13. A security to guarantee the proper setting of all interior monuments, boundary monuments, and any existing survey monuments in an amount specified in writing by the registered engineer or land surveyor of record, shall be provided to the City. Monumentation inspection fees shall also be paid. SAN BERNARDINO COUNTY FIRE DEPARTMENT: 14. Jurisdiction. The above referenced project is under the jurisdiction of the Fontana Fire Protection District served by the San Bernardino County Fire Department (herein Fire Department ). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department. END OF CONDITIONS Page 10 of 17 Page 215 of 288

216 Resolution No. PC Exhibit B CITY OF FONTANA CONDITIONS OF APPROVAL PROJECT: Master Case No R1 DATE: August 28, 2018 Design Review No LOCATION: The project site is located on the northeast corner of Malaga Avenue and Lemon Street (APN: ) PLANNING DIVISION: 1. Design Review No is a request for site and architectural review of six (6) single-family homes ranging in size from 2,420 square feet and 2,506 square feet; the review incorporates two (2) floor plan and three (3) architectural styles: Cottage, Craftsman, and Spanish as presented here to the City Council, and as shown in Attachment No. 3 through Attachment No This Design Review shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period. 3. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits. 4. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until all of the following have occurred: a. All requirements of the Northgate Specific Plan shall be complied with. b. All requirements of the Fontana Municipal Code shall be complied with. c. All Conditions of Approval imposed on this project have been fulfilled. d. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City s final inspection and acceptance of the work. 5. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Community Development or hisher designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval. Changes made without approval as stated herein, will prevent the occupancy of the residential structure until corrections are approved in writing by all appropriate staff. Page 11 of 17 Page 216 of 288

217 Resolution No. PC The applicantdeveloper shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant s proposed project or to any approvals of the Planning Commission andor City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees andor costs awarded against the City, if any, and cost of suit, attorneys fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City andor any parties bringing such forth. The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant s sole and exclusive remedy shall be limited to declaratoryinjunctive relief, mandate, andor specific performance. 7. The following are basic, flexible plotting and design criteria for development under new Design Reviews: A. A floor plan shall not be used consecutively more than three times in a row (whether reversed or not). B. If the same floor plan is used for adjacent homes, one shall be the reverse of the other and have a different elevation. C. No more than 65% of any one floor plan shall be used on any cul-de-sac or along any street between intersecting streets. D. No two adjacent homes using the same floor plan shall have the same exterior color scheme treatment. E. Adjacent homes shall have varying setbacks. Minimum variation shall be four (4) feet unless located on a curvilinear street, which provides a varied street scene, and then the variation shall be three (3) feet. When one and two story homes are adjacent, the two-story home shall have the larger front setback. F. A variety of designs shall be used on car garage doors, with no two adjoining homes that have the same floor plan and elevation using the same garage door pattern. In no case shall more than three homes of any floor plan or elevation have the same garage door pattern in a row. All homes shall be provided with car garage door windows in a variety of designs. Page 12 of 17 Page 217 of 288

218 Resolution No. PC G. Wall-mounted decorative lighting fixtures shall be provided at the front porch area as well as on each side of the garage door. All exterior light fixtures shall be a minimum of 18 inches in height. H. All homes shall upgrade the hardscape used within the concrete walkways leading to the front door of the house in order to complement the home s exterior architectural elements. (Example: If the home uses rock, brick, or other similar material on the exterior of the house, these materials shall be incorporated into the walkways along with decorative trowled bands; decorative patterned scoring; exposed aggregate finishes; stamped concrete, etc.) (This requirement shall be identified on the phasing site plan that is submitted to the Building & Safety Division for plan check. A detail of the types of hardscape to be used on the walkways shall also be shown on the phasing site plan.) I. Steel gates with privacy screening (defined as a material used on the steel gate to obscure the view of the back yard from the street) shall be required for side yards. J. All block walls shall be capped with a prefabricated block cap. Interior block walls not visible from public view may be capped with a rounded mortarconcrete cap. K. The following electrical outlets and garage door opener will be provided in all garages: I. Install an automatic garage door opener for all proposed garage doors for each home and, II. III. Install one overhead receptacle for each overhead garage door installed. In addition to any required receptacles for laundry appliances (washer and dryer) located in the garage, install at least one duplex receptacle on each wall of the garage. 8. Any foam treatment used for architecture features andor projections located on the first floor (under 14 feet) shall be covered with concrete or similar durable material a minimum of ¼ inch thick, or as determined by the Director of Community Development. 9. The applicantdeveloper irrevocably waives, for itself and all successors to the project any rights or abilities it may have under Municipal Code, Section No (or successor ordinance) to seek an amendment of this Design Review, or a new Design Review if this Design Review expires. Applicant has willingly and knowingly made this waiver in light of the benefits provided to applicant under the Plotting and Design Criteria. 10. If solar panel systems are installed on the roof of any residential structure, the installation shall be on top or above the approved roof tile. If a solar panel system is flush-mounted to the roof, matching roof tiles shall be replaced immediately upon removal of the solar panels. 11. For any new single-family construction, regardless of number of units, a solid masonry walls of a minimum of six (6)-foot in height, measured from finished grade, shall be required at all side and rear property lines. Further, the perimeter of the project where it can be seen by public view shall be furnished with the decorative type of wall subject to review and approval by the appropriate approving body. Page 13 of 17 Page 218 of 288

219 Resolution No. PC No solid masonry wall shall be higher than nine (9) feet from top of ground when used in combination with a retaining wall unless otherwise stated in mitigations for this project. 13. In the event that one or more of the Conditions of Approval for this project needs to be amended andor deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendmentdeletion, provided that City manager shall bring such proposed amendmentdeletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manger s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections and of the Municipal Code. Prior to Issuance of Building Construction Permits 14. The applicantdeveloper shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise and construction complaints. The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. 15. The applicantdeveloper shall provide clustered andor individual mail box(es) for the delivery of mail to future residents of the development. The location shall be convenient for the residents and not block the line-of-sight for pedestrians or vehicle traffic. The mail boxes shall be made of durable material and shall be installed in a manner that is resistant to vandalism and meets the requirements of the Post Office. The Post Office currently approves freestanding mailboxes that are F-series and wall-mounted boxes that are 4C series. The developer is responsible for contacting the Post Office for the type and location of the mail boxes within their development. Any replacements of the mail boxes subsequent to the original installation shall be the responsibility of the developer, each individual homeowner andor the homeowners association, and the Post Office. 16. The current Development fees must be paid prior to issuance of buildingconstruction permits. BUILDING AND SAFETY DIVISION: 17. Shall comply with the latest adopted edition of the following codes as applicable: i. California Building Code ii. California Residential Code iii. California Electrical Code iv. California Mechanical Code v. California Plumbing Code vi. California Energy Code vii. California Fire Code viii. California Green Building Standards Code Page 14 of 17 Page 219 of 288

220 Resolution No. PC Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District. 19. The requirements of the Department of Environmental Health Services and the South Coast Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored andor used. 20. Any temporary building, trailer, commercial coach, etc. installed andor used in connection with a construction project shall comply with City Code. 21. All perimeterboundary walls shall be provided with decorative material and designed and constructed so that the outerexterior face of the wall is as close as possible to the lot line. In any case, the outerexterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances. 22. All Signs shall be Underwriters Laboratories approved, or equal. 23. Permits are required prior to the removal andor demolition of structures. 24. All exterior lighting shall be oriented, directed, andor shielded as much as possible so that direct illumination does not infringe onto adjoining properties. PRIOR TO ISSUANCE OF BUILDINGCONSTRUCTION PERMITS 25. The following items shall be completed andor submitted to Building & Safety as applicable prior to the issuance of building permits for this project: i. Precise grading plans shall be approved ii. Rough grading completed iii. Compaction certification iv. Pad elevation certification v. Rough grade inspection signed off by a City Building Inspector ENGINEERING: 26. The project shall be served by the City s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer. 27. Obtain design and plan approval from appropriate utility companies for undergrounding all existing overhead utility service lines adjoining and interior to the project site and any adjacent facilities necessary as determined by the utility company. This includes power lines less than 36 kv in accordance with Fontana Municipal Code. Written approval from each serving utility stating that binding arrangements have been completed between the utility company and the applicant for providing and paying for these services must be provided to the City Engineer s Office Page 15 of 17 Page 220 of 288

221 Resolution No. PC Prior to Issuance of Grading Permit 28. The applicantdeveloper shall submit and gain approval of a complete Water Quality Management Plan Report in accordance with the County of San Bernardino Technical Guidance Document and latest template. 29. The applicantdeveloper shall pay all applicable service fees pursuant to the City of Fontana Municipal Code. Prior to Final Acceptance of Project 30. The applicantdesign engineer to provide the City of Fontana with As-BuiltRecord Drawings for all public improvement plans. 31. The applicantdesign engineer to provide the City of Fontana certificates or letters of compliance for Water Quality Management Plan, Landscape and Water Efficiency and all storm water related facilities. 32. Survey monuments shall be placed as required by plans and corner records must be recorded with the County. 33. All underground utilities (sewer and storm drain) shall be video inspected by applicantcontractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line. Videos to be inspected and approved by City Inspection. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. If removal and replacement of any utility is required, a subsequent video of the repair will be required. 34. The applicantdeveloper shall submit a conforming copy of the recorded Memorandum of Agreement and the WQMP Certification for BMP Completion, stamped by the Civil Engineer of record. FIRE PROTECTION DISTRICT: 35. Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department (herein Fire Department ). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department. 36. Water System Certification. Prior to issuance of building permits, the applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job-site. 37. Combustible Protection. Prior to combustibles being placed on the project site an approved paved road with curb and gutter and fire hydrants with an acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. California Fire Code sec 508, SBCFD Standard Street Sign. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the Page 16 of 17 Page 221 of 288

222 Resolution No. PC project. Installation of the temporary sign shall be prior to any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed. California Fire Code sec. 505, SBCFD Standard Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCFD Standard Fire Sprinkler-NFPA #13D. An automatic life safety fire sprinkler system complying with NFPA Standard 13D and the Fire Department standards is required. A C-16 fire sprinkler contractor shall submit three (3) sets of detailed plans with hydraulic calculations and manufacturer s specification sheets to the Fire Department for approval. The required fees shall be paid at the time of plan submittal. SBCFD Standard 903D 41. Residential Addressing. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. California Fire Code sec. 505, SBCFD Standard Spark Arrestor. An approved spark arrestor is required. Any chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with Fire Department requirements. California Building Code sec MANAGEMENT SERVICES: 43. To eliminate the negative fiscal impact on municipal services associated with this proposal, the project will be required to annex into an existing community facilities district (CFD) or form a new community facilities district (CFD) for the purpose of financing the costs of maintenance and operation of the street lighting, landscaping, parkways and the removal of or cover of graffiti within the boundaries of, or along the perimeter of the district. The district s annual levy will include an amount for the maintenance of city parks. The city will determine which is more appropriate for the project, establishing a new district or annexing into an existing district. The district formation or annexation must be completed prior to the issuance of building permits. END OF CONDITIONS OF APPROVAL Page 17 of 17 Page 222 of 288

223 Page 223 of 288

224 Page 224 of 288

225 Page 225 of 288

226 Page 226 of 288

227 Page 227 of 288

228 Page 228 of 288

229 Page 229 of 288

230 Page 230 of 288

231 Page 231 of 288

232 Page 232 of 288

233 Page 233 of 288

234 Page 234 of 288

235 Page 235 of 288

236 Page 236 of 288

237 Page 237 of 288

238 Page 238 of 288

239 Page 239 of 288

240 Page 240 of 288

241 Page 241 of 288

242 Page 242 of 288

243 Page 243 of 288

244 Page 244 of 288

245 Page 245 of 288

246 Page 246 of 288

247 Page 247 of 288

248 Page 248 of 288

249 Page 249 of 288

250 Page 250 of 288

251 Page 251 of 288

252 Page 252 of 288

253 Page 253 of 288

254 Page 254 of 288

255 Page 255 of 288

256 Regular Planning Commission Meeting Minutes April 17, 2018 Public Hearing Item - F. Master Case No R1; Specific Plan Amendment No ; Tentative Tract Map No (TTM No ); Design Review No Specific Plan Amendment is a proposal to revise the zoning boundary within the Northgate Specific Plan; Tentative Tract Map is a proposal to subdivide a parcel of approximately 1.2 adjusted gross acres into six (6) lots for the purpose of singlefamily homes; and Design Review is a proposal for site and architectural review to construct six (6) single-family homes. Associate Planner Jon S. Dille provided the staff report. The Notice of Exemption, Attachment No. 9, under no. 3, Subsection D. should be marked. The Public Hearing was opened. Commissioner Meyer expressed condolences on behalf of the City of Fontana on the loss of Doug Andreasen s colleague. Speaking for the applicant, Doug Andreasen. No member of the audience spoke in favor or opposition. The Public Hearing was closed. ACTION: Motion was made by Commissioner Meyer and seconded by Chairperson Sanchez to adopt Resolution No. PC , forwarding a recommendation to the City Council to: Determine that the project is Categorically Exempt pursuant to Section No , (Class No. 32, In-Fill) of the CEQA, and direct staff to file a Notice of Exemption; 2) Adopt an ordinance approving Specific Plan Amendment No ; 3) Approve Tentative Tract Map No ; and 4) Approve Design Review Project No with the marking of Subsection D on the Notice of Exemption. Motion passed by a vote of 4-0. (AYES: Meyer, Quiroga, Sanchez, and Fort; NOES: None; ABSTAIN: None) Page 1 of 1 ATTCHMENT NO.10 Page 256 of 288

257 TO: Clerk of the Board of Supervisors County of San Bernardino 385 N. Arrowhead Avenue, 2nd Floor San Bernardino, CA NOTICE OF EXEMPTION FROM: City of Fontana Planning Division 8353 Sierra Avenue Fontana, CA Project Title: Master Case No R1 Specific Plan Amendment No Tentative Tract Map No (TTM No ) Design Review No Project Location: The project site is located northeast corner of Malaga Avenue and Lemon Street, APN: (a) Project Location - City: Fontana, CA (b) Project Location - County: San Bernardino 4. Description of nature, purpose, and beneficiaries of Project: A request to revise the zoning boundary within the Northgate Specific Plan between the Low Density Residential zoning district and the Park zoning district; to subdivide a parcel of approximately 1.2 adjusted gross acres; and to review the site and architecture to construct six (6) single-family homes. 5. Name of Public Agency approving project: City of Fontana 6. Name of Person or Agency carrying out project: City of Fontana 7. Exempt status: (Check one) (a) Ministerial project. (b) Not a project. (c) Emergency Project. (d) X_ Categorical Exemption. State type and class number: Exempt under Section No (Class 32, In-Fill Development Projects) of the California Environmental Quality Act. (e) Declared Emergency. (f) Statutory Exemption. State Code section number: (g) Other Explanation: 8. Reason why project was exempt: This project site is considered In-Fill Development and meets the CEQA requirement of In-Fill. 9. Contact Person: Jon S. Dille, Associate Planner Telephone: (909) Date Received for Filing: (Clerk Stamp Here) Orlando Hernandez Planning Manager ATTACHMENT NO. 11 Page 257 of 288

258 NOTICE OF EXEMPTION AND PUBLIC HEARING A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING: MASTER CASE NO R1, SPECIFIC PLAN AMENDMENT NO , TENTATIVE TRACT MAP NO (TTM NO ), AND DESIGN REVIEW PROJECT NO A request to amend the Northgate Specific Plan and change the zoning district map of one (1) parcel (1.2 acres) from Park to Low Density Residential zoning district; a Tentative Tract Map to subdivide one (1) parcel, of approximately 1.2 adjusted gross acres, into six (6) new single-family residential lots; and Design Review for site and architectural review for the construction of the six (6) single-family homes ranging in size from 2,240 square feet to 2,494 square feet. Environmental Determination: This project qualifies for a Categorical Exemption, pursuant to Section No (Class No. 32, In-Fill Development Project), of the California Environmental Quality Act. Location of Property: Northeast Corner of Malaga Avenue and Lemon Street APN: Date of Hearing: August 28, 2018 Place of Hearing: Time of Hearing: City Hall Council Chambers 8353 Sierra Avenue Fontana, CA :00 p.m. Should you have any questions concerning this project, please contact Jon S. Dille, Associate Planner, at (909) ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DIVISION, CITY HALL. IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING. Published: August 17, 2018 ATTACHMENT NO. 12 Page 258 of 288

259 Page 259 of 288

260 Page 260 of 288

261 Page 261 of 288

262 Page 262 of 288

263 Page 263 of 288

264 Page 264 of 288

265 Page 265 of 288

266 Page 266 of 288

267 Page 267 of 288

268 Page 268 of 288

269 Page 269 of 288

270 Page 270 of 288

271 Page 271 of 288

272 Page 272 of 288

273 Page 273 of 288

274 Page 274 of 288

275 Page 275 of 288

276 Page 276 of 288

277 Page 277 of 288

278 Page 278 of 288

279 Page 279 of 288

280 Page 280 of 288

281 Page 281 of 288

282 Page 282 of 288

283 Page 283 of 288

284 Page 284 of 288

285 Page 285 of 288

286 Page 286 of 288

287 Page 287 of 288

288 Page 288 of 288